DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4200)

TRAINO GROUP AUSTRALIA PTY LIMITED CONCRETE PUMPING & PLACING EMPLOYEES / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 MARCH 2021

Application for variation of the Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[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 including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / 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 23 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought a variation of the Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / CFMEU Collective Agreement 2019-2022. The matter was heard by the Fair Work Commission (FWC) which, among other things, was tasked with determining the appropriate hourly rates for concrete pump operators and other concrete placement employees. The application for the variation of the agreement was made by the CFMEU and opposed by Traino Group Australia Pty Limited.

The primary legal issue before the FWC was whether the proposed variation of the collective agreement was appropriate and fair. The CFMEU argued that the current rates were outdated and did not reflect the cost of living and the complexity of the work. Traino Group, on the other hand, contended that the existing rates were fair and reasonable, and that the proposed changes would result in undue financial burden and operational difficulties. The FWC had to balance the interests of the employees, represented by the CFMEU, and the employer, Traino Group, to arrive at a decision that was fair and equitable.

After considering the submissions from both parties, the FWC determined that the proposed variation was appropriate. The FWC found that the current rates did not adequately reflect the cost of living and the skill level required for the positions. The FWC also noted that the proposed rates were in line with industry standards and were not excessive. The FWC further found that the financial impact on Traino Group would be manageable, and that the changes would not significantly affect their operational capacity. Based on these findings, the FWC approved the variation of the collective agreement.

The FWC made orders to reflect the variation of the collective agreement, including the new hourly rates for concrete pump operators and other concrete placement employees. The variation was to take effect from the date of the decision and would remain in force until the expiry of the existing agreement. The FWC also ordered that the parties would be bound by the terms of the varied agreement and that any disputes arising from the agreement would be resolved in accordance with its provisions.

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