Construction, Forestry, Maritime, Mining and Energy Union

Case [2018] FWCA 5641
[2018] FWCA 5641

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2183)

Garry Dorian Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 SEPTEMBER 2018

Application for variation of the Garry Dorian Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

  1. An application has been made for approval of a variation to the Garry Dorian Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 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).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. 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.

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

  1. In accordance with s.216 of the Act, the variation operates from 7 September 2018.

DEPUTY PRESIDENT

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Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCA 5641
Case
[2018] FWCA 5641
Decision Date

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application for the variation of the Garry Dorian Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The application was brought before the Fair Work Commission. The primary issue for the Commission to determine was whether the application for variation met the statutory requirements under the Fair Work Act 2009.

The Commission noted that the application for variation was made in good faith and that there were changed circumstances warranting a variation. It also considered that the application was consistent with the principles of good faith bargaining, and that the proposed changes were necessary to address the changed circumstances in the industry. The Commission found that the application satisfied the statutory criteria for a variation of an enterprise agreement. Consequently, the application for variation was approved, and the changes to the enterprise agreement were implemented.

The Fair Work Commission ordered that the Garry Dorian Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be varied as per the terms and conditions set out in the application. This decision ensures that the enterprise agreement remains relevant and reflective of the current industrial environment, while also maintaining the principles of good faith bargaining between the parties involved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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