DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4090)

LACK GROUP CONSTRUCTIONS TRAFFIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2021

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

[1] An application has been made for approval of a variation to the Lack Group Constructions Traffic 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 Constructions Traffic Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Lack Group Constructions Traffic 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 19 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union and Lack Group Constructions Traffic Pty Ltd, focusing on an application for the variation of their collective agreement. The dispute centred around the conditions of employment, including wages and other terms and conditions, under the 2019-2022 Collective Agreement. The case was heard in the Fair Work Commission, which has jurisdiction over employment disputes and collective agreements in Australia.

The primary legal issues the Commission needed to address were whether the proposed changes to the Collective Agreement were fair and reasonable, and if they met the criteria for variation as stipulated under the Fair Work Act 2009. Specifically, the Commission had to consider whether the changes would maintain a balance between the interests of the employees and the employer, and whether they complied with the relevant provisions of the Act.

In its decision, the Commission assessed the proposed changes in the context of the broader labour market conditions, the parties' bargaining positions, and the impact on the workforce. The Commission determined that the changes were fair and reasonable, as they did not disproportionately disadvantage either party and were in line with the principles of good faith bargaining. The Commission also found that the proposed terms and conditions were reasonable in the context of the economic environment and the parties' respective bargaining power. Consequently, the application for variation was approved, and the amended Collective Agreement was ratified.

The final orders included the ratification of the amended 2019-2022 Collective Agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Lack Group Constructions Traffic Pty Ltd, effective from the date of the decision. The Commission emphasised that both parties should adhere to the terms of the new agreement, and any disputes arising from its interpretation or implementation should be resolved through the agreed dispute resolution processes.

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