DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4173)

METSQUARE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MARCH 2021

Application for variation of the Metsquare Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Metsquare Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Metsquare Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Metsquare Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 24 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a request for the variation of the collective agreement between Metsquare Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The application was lodged by the CFMEU, seeking modifications to the terms of the existing agreement to better reflect current industry standards and working conditions. The Federal Circuit and Family Court of Australia was tasked with assessing the application and determining whether the proposed changes were in the best interest of both parties and compliant with relevant industrial relations laws.

The court was required to decide several key legal issues. Firstly, whether the proposed changes to the collective agreement were necessary and justified in light of significant changes in the industry since the agreement was made. Secondly, whether the changes adhered to the principles of good faith bargaining and were consistent with the objectives of the Fair Work Act 2009. Thirdly, the court had to assess whether the modifications proposed by the CFMEU were reasonable and did not undermine the integrity of the existing agreement or the rights of the employees and employer under the law.

In considering these issues, the court examined the evidence presented by both parties and the broader context of the industry. The court found that the changes sought by the CFMEU were indeed necessary, given the substantial changes in working conditions and industry standards since the agreement was made. The court determined that the proposed variations were in line with the principles of good faith bargaining and were reasonable, considering the best interests of both parties. The court concluded that the changes would not undermine the existing agreement and were compliant with the Fair Work Act. Therefore, the court granted the application and approved the variation of the collective agreement as proposed by the CFMEU.

The final orders of the court mandated that the collective agreement between Metsquare Pty Ltd and the CFMEU for the period 2019-2022 be amended in accordance with the changes proposed by the CFMEU. The new terms were to be incorporated into the agreement, reflecting the current industry standards and working conditions. Both parties were directed to abide by the modified agreement, ensuring that the rights and obligations of the employees and employer were appropriately balanced and upheld under the law.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established