DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/518)

ABC BORAL GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JUNE 2019

Application for variation of the ABC Boral Group Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of a variation to the ABC Boral Group Pty Limited / CFMEU Collective Agreement 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, Construction, Forestry, Maritime, Mining and Energy Union applied for a variation of the ABC Boral Group Pty Limited / CFMEU Collective Agreement 2018. The dispute centred around the terms and conditions of employment for workers within the ABC Boral Group, specifically addressing various aspects of workplace agreements, including wages, hours of work, and employee benefits. The Fair Work Commission was tasked with reviewing the application and determining whether the requested variations were necessary and in line with the principles of the Fair Work Act 2009.

The primary legal issues that the Commission had to decide involved the interpretation and application of the Fair Work Act 2009, particularly in relation to the procedural fairness in the application process, the merits of the requested changes, and whether the variations were in the best interests of the employees. The Commission had to consider whether the Union had adequately demonstrated that the proposed changes were necessary to address changes in the industry or working conditions, and whether the proposed changes would result in a fairer and more efficient workplace.

The Fair Work Commission found that the application had been properly lodged and that the Union had demonstrated a need for the proposed changes. The Commission determined that the variations were necessary to reflect the changing nature of the industry and the working conditions of employees. The changes were considered to be in the best interests of the employees as they aimed to provide improved conditions, better wages, and additional benefits. The Commission approved the variations, emphasising the importance of maintaining a fair and efficient workplace that aligns with the principles of the Fair Work Act 2009. The new agreement was set to take effect from the specified date, providing a more equitable environment for the employees of the ABC Boral Group.

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