DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/875)

RICHARD CROOKES CONSTRUCTION PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT (ACT) 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MAY 2019

Application for variation of the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019 (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] 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 1 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for variation of the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019, the Construction, Forestry, Maritime, Mining and Energy Union sought to amend the existing enterprise agreement. The application was heard in the Fair Work Commission. The primary dispute centred around the terms and conditions of employment, specifically regarding wage rates and working hours. The Union argued that the current agreement did not adequately reflect the economic conditions and the need for fair compensation for the employees. The employer, Richard Crookes Construction, contended that the existing terms were fair and that any changes would impose undue financial strain on the business.

The legal issues that the Commission needed to address included whether the proposed variations were reasonable and whether they complied with the relevant provisions of the Fair Work Act. The Commission had to consider the balance between the rights and interests of the employees and the employer, ensuring that any changes to the enterprise agreement did not unfairly disadvantage either party. Additionally, the Commission needed to assess whether the proposed variations were necessary to address genuine workplace issues and if they represented a fair and reasonable outcome for both parties.

The Fair Work Commission, after evaluating the submissions and evidence from both parties, determined that the proposed variations were reasonable. The Commission found that the changes were necessary to ensure that the employees' wages and working conditions were fair and reflective of the current economic climate. The Commission also concluded that the variations did not impose an undue financial burden on the employer and were consistent with the objectives of the Fair Work Act. Consequently, the application for variation was approved, and the amended enterprise agreement was certified. The decision was made in favour of the Union, with specific adjustments to wage rates and working hours as proposed.

The final orders included the certification of the amended enterprise agreement, which incorporated the agreed changes to wage rates and working hours. The Commission's decision was based on the findings that the variations were reasonable, necessary, and in compliance with the Fair Work Act. The employer and the Union were directed to implement the new terms of the enterprise agreement as per the certified document.

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