DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3804)

LACK GROUP CONSTRUCTIONS TRAFFIC PTY LTD AND CFMEU ACT LABOUR HIRE, TRAFFIC CONTROL AND SITE CLEANING SECTOR AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2020

Application for variation of the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020.

[1] An application has been made for approval of a variation to the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020 (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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 22 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for a variation of the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020. The applicant sought to amend the agreement to clarify the definition of "casual employment" and to modify the provisions relating to the use of agency workers on construction sites. The respondent, Lack Group Constructions Traffic Pty Ltd, opposed the application, arguing that the proposed changes would negatively impact their business operations and potentially increase costs.

The FWC was required to determine whether the proposed variations to the agreement were appropriate and necessary to address the issues raised by the applicant. The court needed to consider the implications of the proposed changes on the rights and obligations of both parties and ensure that any variation would be in the best interests of the employees covered by the agreement. Additionally, the FWC had to assess whether the proposed changes were consistent with the principles of the Fair Work Act 2009 (Cth).

In its decision, the FWC found that the proposed variations to the agreement were appropriate and necessary to address the issues raised by the applicant. The court held that the clarification of the definition of "casual employment" was necessary to ensure consistency and fairness in the application of the agreement. Furthermore, the FWC found that the modifications to the provisions relating to the use of agency workers were necessary to protect the rights of employees and to promote safe and efficient work practices on construction sites. The FWC concluded that the proposed changes were in the best interests of the employees covered by the agreement and were consistent with the principles of the Fair Work Act.

The FWC made orders varying the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020 in accordance with the terms proposed by the applicant. The new agreement now includes a clear definition of "casual employment" and modified provisions relating to the use of agency workers on construction sites. The orders were effective from the date of the FWC's decision.

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