DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2455)

CENTRAL REO AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 SEPTEMBER 2020

Application for variation of the Central Reo and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of a variation to the Central Reo and CFMEU (WA) Enterprise Agreement 2020-2024 (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 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the variation of the Central Reo and CFMEU (WA) Enterprise Agreement 2020-2024. The dispute arose in the Fair Work Commission, an Australian industrial relations tribunal. The applicant, Central Reo, sought to amend the enterprise agreement to change certain conditions of employment, which the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed. The union argued that the proposed changes were detrimental to the employees and contrary to the spirit of the original agreement.

The legal issues before the Commission included whether the proposed changes were consistent with the provisions of the Fair Work Act 2009, and whether they met the requirements for a good faith bargaining as stipulated in the Act. The Commission had to determine if the changes would cause substantial detriment to the employees and if they were procedurally fair. The union contended that the proposed changes would negatively impact employees' working conditions and job security, while Central Reo argued that the amendments were necessary for operational efficiency and competitiveness.

The Commission examined the evidence presented by both parties and considered the broader implications of the proposed changes. It found that the changes would indeed cause substantial detriment to the employees, as they would result in reduced job security and altered working conditions without a corresponding benefit. The Commission also concluded that the process leading to the proposed changes did not meet the good faith bargaining requirements under the Fair Work Act. As a result, the application for variation was dismissed.

The Fair Work Commission ordered that the proposed changes to the enterprise agreement be rejected. The original terms and conditions of the agreement remained in effect, and the parties were directed to continue their efforts to negotiate in good faith. The decision underscored the importance of fair and equitable treatment of employees in the process of altering enterprise agreements.

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