DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/920)

CHASE BUILDING GROUP (CANBERRA) PTY LTD/CFMEU COLLECTIVE AGREEMENT (ACT) 2016-2019

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

Application for variation of the Chase Building Group (Canberra) Pty Ltd/CFMEU Collective Agreement (ACT) 2016-2019.

[1] An application has been made for approval of a variation to the Chase Building Group (Canberra) Pty Ltd/CFMEU Collective Agreement (ACT) 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

The Construction, Forestry, Maritime, Mining and Energy Union sought to vary a collective agreement concerning workplace conditions for employees in Canberra. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed variation, which would extend the application of the collective agreement to include additional employees, was consistent with the relevant legislative framework and the principles of procedural fairness.

The Commission considered the procedural fairness obligations imposed by the Fair Work Act and the specific requirements outlined in the Fair Work (Registered Organisations) Act 2009. It assessed whether the union had properly notified and consulted with the affected parties, including the employer, and whether the proposed variation was in the interests of the employees it sought to include. The Commission also examined the broader implications for industrial relations in the region.

After thorough consideration, the Commission determined that the union had fulfilled its procedural obligations and that the proposed variation was in the best interests of the employees. The Commission found that extending the collective agreement to cover additional employees would not undermine the existing terms and conditions of the agreement, and would in fact provide necessary protections for a broader group of workers. Consequently, the Commission approved the variation as sought by the union.

The final orders of the Commission included the extension of the Chase Building Group (Canberra) Pty Ltd/CFMEU Collective Agreement (ACT) 2016-2019 to cover the additional employees as proposed, effective from a specified date. The employer was directed to implement the variation in accordance with the terms of the agreement and to provide the necessary documentation to the Fair Work Commission.

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