DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4066)

WIDEFORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2021

Application for variation of the Wideform Pty Ltd/CFMEU Collective Agreement 2019-2022.

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

Wideform 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 12 March 2021.

DEPUTY PRESIDENT

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 Wideform Pty Ltd/CFMEU Collective Agreement 2019-2022, arguing that changes in the working environment due to COVID-19 necessitated adjustments to the agreement. The matter was heard by the Fair Work Commission (FWC). The legal issues revolved around whether the changes in the working environment, attributed to the COVID-19 pandemic, warranted modifications to the collective agreement, and if so, what those modifications should entail. The CFMEU argued that the pandemic had fundamentally altered the working conditions, thus justifying changes in the agreement to accommodate these new realities.

The FWC considered the impact of COVID-19 on the working environment and recognised the need for flexibility in employment arrangements to ensure health and safety during the pandemic. The Commission found that the pandemic had indeed introduced significant changes that warranted adjustments to the collective agreement. The FWC emphasised the importance of maintaining a balance between the health and safety of employees and the operational needs of the employer. Consequently, the Commission ruled that certain provisions of the agreement needed to be modified to reflect the new working environment, ensuring that they provided adequate protection and flexibility for employees during the pandemic.

The Fair Work Commission varied the Wideform Pty Ltd/CFMEU Collective Agreement 2019-2022 to include provisions that accommodated the changes in working conditions due to COVID-19. These modifications aimed to protect employees' health and safety while allowing for necessary operational adjustments. The decision underscored the FWC's commitment to adapting collective agreements in response to significant changes in the working environment. The final orders included specific clauses addressing remote work, health and safety protocols, and adjustments to work hours and conditions to mitigate the impact of the pandemic on 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