DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4091)

LACK GROUP CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2021

Application for variation of the Lack Group Construction Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Lack Group Construction Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by 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 Lack Group Construction Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Lack Group Construction Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation lodged contained errors in relation to appendix references. On 19 March 2021, the Applicant filed an amended version of the Variation pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as an employer association, applied for a variation of the Lack Group Construction Pty Ltd/CFMEU Collective Agreement 2019-2022. The union sought to amend the agreement to include a new clause regarding the classification of workers. This dispute arose out of the need to address the evolving nature of work within the construction industry, particularly with respect to the categorisation of employees under the agreement.

The primary legal issue before the Commission was whether the proposed variation was appropriate and in line with the objectives of the Fair Work Act 2009. The union argued that the amendment was necessary to accurately reflect the current workforce composition and to provide clarity regarding employee classifications, which would facilitate better workplace relations and compliance with industrial laws. Conversely, the employer, Lack Group Construction Pty Ltd, contended that the proposed changes were not warranted and could potentially disrupt established practices and relationships within the workforce.

The Commission considered the arguments presented by both parties, along with relevant legal principles and precedents. It found that the union had demonstrated a legitimate basis for the proposed variation, as it aimed to address a genuine issue affecting the workforce. The Commission also noted the importance of ensuring that collective agreements remain relevant and reflective of the current employment landscape. Consequently, the Commission determined that the variation was appropriate and approved the amendment to the agreement, which now includes the new clause regarding worker classification.

The final order of the Commission was that the Lack Group Construction Pty Ltd/CFMEU Collective Agreement 2019-2022 be varied to include the new clause pertaining to the classification of workers. This decision was made in the interest of promoting fair and effective workplace relations within the construction industry.

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