DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1154)

BJ ROBERTSON HOLDINGS T/A BJR ACCESS FLOORS AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2020

Application for variation of the BJ Robertson Holdings t/a BJR Access Floors and CFMMEU - Manufacturing Division Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the BJ Robertson Holdings t/a BJR Access Floors and CFMMEU - Manufacturing Division Enterprise Agreement 2019 (the Agreement). The application was made by the 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 15 May 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 BJ Robertson Holdings t/a BJR Access Floors and CFMMEU - Manufacturing Division Enterprise Agreement 2019. The application aimed to amend the existing agreement to address certain issues that had arisen since its implementation. The CFMEU argued that changes in the work environment, particularly in the context of COVID-19, necessitated adjustments to the enterprise agreement to ensure the health and safety of employees, as well as to maintain fair working conditions.

The primary legal issues before the Commission involved whether the proposed changes to the enterprise agreement were warranted by the circumstances and whether they were consistent with the principles of good faith bargaining and the broader objectives of the Fair Work Act. The Commission had to consider the specific changes sought by the union and the employer's response, evaluating whether the proposed amendments were necessary and reasonable in light of the current operational and health environment.

After examining the submissions from both parties, the Commission found that the changes proposed by the union were necessary to address the evolving circumstances brought about by the COVID-19 pandemic. The Commission emphasised the importance of adapting workplace agreements to ensure the safety and well-being of employees while maintaining fair and reasonable terms for employers. It was determined that the proposed variations aligned with the principles of good faith bargaining and were in the best interests of both parties. The Commission subsequently approved the variations to the enterprise agreement, thereby resolving the dispute and providing a framework that better suited the current working environment.

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