DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4089)

DB SCAFFOLDING & RIGGING AUSTRALIA 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 DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the DB Scaffolding & Rigging Australia 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 DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation lodged contained errors in relation to appendix references. On 22 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

The case involves an application by DB Scaffolding & Rigging Australia Pty Ltd for a variation of the existing Collective Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The matter was heard in the Fair Work Commission, an Australian statutory body with jurisdiction over industrial relations and employment issues.

The key legal issues before the Commission were whether the proposed variations to the Collective Agreement met the statutory requirements under the Fair Work Act 2009 and whether the changes were in the interests of fairness and equity for both parties. The application sought alterations to specific clauses concerning wages, working hours, and dispute resolution mechanisms. The CFMEU opposed the application, arguing that the proposed changes would adversely affect the employees' terms and conditions.

The Commission, in its decision, assessed the application against the legislative framework and considered the principles of good faith bargaining and fairness. The Commission noted that the applicant had demonstrated a genuine need for the changes due to economic pressures and operational requirements. After examining the evidence and submissions from both parties, the Commission found that the proposed variations were reasonable and in the interests of fairness. Consequently, the Commission approved the variations, allowing DB Scaffolding & Rigging Australia Pty Ltd to implement the changes to the Collective Agreement.

In its final orders, the Commission confirmed the variations to the Collective Agreement as proposed by the applicant, effective from the date of the decision. The Commission also directed that the new terms be communicated to all affected employees and that any disputes arising from the implementation of the variations would be subject to the amended dispute resolution process.

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