DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1664)

VIC CIVIL 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 JUNE 2018

Application for variation of the VIC CIVIL 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 VIC CIVIL 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).

[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 7 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought a variation of the Enterprise Agreement 2016 - 2018 between VIC Civil Pty Ltd and the CFMEU (Victorian Construction and General Division). The CFMEU argued that changes in the industry warranted adjustments to the agreement, particularly in relation to work conditions and pay rates. The matter was heard by the Fair Work Commission (FWC).

The central legal issues revolved around whether the proposed variations to the Enterprise Agreement were fair and reasonable, and if the changes were necessary due to significant shifts in the industry. The FWC had to determine if the variations would lead to a more equitable agreement that reflected the current economic and industrial environment.

In its decision, the FWC examined the evidence presented by both parties, including economic data and expert testimonies. The Commission concluded that the proposed changes were necessary to address the evolving nature of the industry and to ensure the agreement remained fair and reasonable. The FWC found that the variations would not only maintain but also improve the conditions for employees, making the agreement more reflective of current market realities.

The FWC granted the application for variation, approving the changes to the Enterprise Agreement. The new terms were deemed to be fair and reasonable, providing necessary adjustments to the original agreement. The decision emphasised the importance of adapting to industry changes to ensure that the agreement remains relevant and equitable for all parties involved.

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