DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1395)

TIMBER FLOORING SERVICES COMMERCIAL PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JUNE 2020

Application for variation of the Timber Flooring Services Commercial Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Timber Flooring Services Commercial Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2019 (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 2 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought a variation of the Timber Flooring Services Commercial Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2019. The dispute revolved around several issues including wages, conditions of employment, and the overall fairness and effectiveness of the existing agreement.

The central legal issues before the commission were whether the proposed changes to the enterprise agreement were necessary to ensure the agreement remained fair and effective, and whether these changes were consistent with the principles of the Fair Work Act 2009. The CFMEU argued that the proposed variations were essential to address significant changes in the industry, including economic pressures and technological advancements, which had rendered the existing agreement inadequate. Conversely, Timber Flooring Services Commercial Pty Ltd contended that the changes were excessive and not warranted by the circumstances.

The commission deliberated on the submissions from both parties and considered the broader economic context and industry standards. It concluded that while the existing agreement had served the parties well, the proposed variations were necessary to maintain its fairness and effectiveness in light of the significant changes in the industry. The commission found that the changes were reasonable and aligned with the overarching objectives of the Fair Work Act, which seeks to ensure fair and productive workplace relations. The proposed variations were thus approved, reflecting a balance between the needs of the industry and the rights of the workforce.

The final orders of the commission included the approval of the proposed variations to the enterprise agreement, which will now incorporate updated wage rates, working conditions, and other provisions to better reflect the current economic environment and industry practices.

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