DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4180)

REDS GLOBAL (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 MARCH 2021

Application for variation of the Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Reds Global (NSW) Pty Ltd / 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 (Act).

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

[2] 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.

[3] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023

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

[2] In accordance with s.216 of the Act, the variation operates from 22 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Reds Global (NSW) Pty Ltd regarding the variation of their existing collective agreement. The union sought amendments to the agreement, which was due to expire in 2022, to better reflect changes in the industry and to address certain employment conditions. The Commission was tasked with determining whether the proposed changes were justified and warranted a variation of the agreement.

The legal issues before the Commission centred on whether the proposed changes to the collective agreement were necessary and appropriate given the current industrial context. The union argued that the changes were essential to reflect the evolving nature of the industry, particularly in light of recent technological advancements and changes in workforce composition. Conversely, the employer contended that the proposed changes were excessive and could potentially undermine the stability and predictability of the workplace. The Commission had to balance the union's call for updated conditions with the employer's need for certainty and operational efficiency.

In its decision, the Commission considered the evidence presented by both parties, including industry trends, economic conditions, and the specific circumstances of Reds Global (NSW) Pty Ltd. The Commission found that several of the proposed changes were indeed necessary to address current industry standards and to protect employees' rights. However, it also noted that some of the proposed changes went beyond what was necessary for fair and reasonable industrial relations. The Commission therefore varied the agreement to reflect a compromise that met the needs of both parties, ensuring that the agreement remained fair and equitable while also accommodating necessary updates.

The final orders of the Commission included specific amendments to the collective agreement that addressed key areas of concern raised by the union. These included updates to pay rates, changes to shift patterns, and provisions for additional training and development opportunities. The Commission also included provisions to ensure ongoing consultation between the parties to address any future issues that may arise during the term of the agreement. The decision provided a clear pathway for both parties to move forward in a manner that balanced the needs of the industry with the rights and protections of employees.

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