DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3805)

LACK GROUP CONSTRUCTION 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 Construction 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 Construction 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Lack Group Construction Pty Ltd. The dispute was centred on a request to modify the existing Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020. This agreement governs the terms and conditions of employment for workers in the specified sectors. The case was heard by the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the Commission included whether the proposed changes to the agreement were necessary to address significant economic, technological, or other changes impacting the sectors. The Commission also needed to determine if the changes were fair and reasonable, balancing the interests of both employers and employees. Another issue was whether the changes were consistent with the principles of the Fair Work Act 2009, including ensuring that the agreement would not undermine the health and safety of employees or create unfair dismissal risks.

In reaching its decision, the Commission considered evidence from both parties and analysed the proposed changes in the context of the existing agreement and relevant labour market conditions. It found that the changes were necessary to address significant economic changes in the industry, particularly in light of the impact of the COVID-19 pandemic. The Commission concluded that the changes were fair and reasonable, as they provided a balanced approach that took into account the interests of both employers and employees. The Commission also found that the changes were consistent with the principles of the Fair Work Act and would not undermine the health and safety of employees or create unfair dismissal risks.

The Commission subsequently varied the existing agreement to incorporate the proposed changes. The final orders included modifications to the agreement's provisions on wages, working hours, and other employment conditions. The orders also included provisions for the agreement to be reviewed in two years' time, to ensure that it continued to meet the needs of both parties in a rapidly changing labour market.

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