DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1334)

RAFFERTY THE WRECKER PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JUNE 2018

Application for variation of the Rafferty the Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a variation to the Rafferty the Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Demolition 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 6 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for variation of the demolition enterprise agreement between Rafferty the Wrecker Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2016-2018. The applicant, Rafferty the Wrecker, sought to alter certain provisions of the agreement, which was opposed by the CFMEU. The case was heard in the Fair Work Commission, Australia’s national workplace relations tribunal.

The legal issues before the court centred on the interpretation and application of the Fair Work Act 2009. Specifically, the court needed to determine whether the proposed variations to the enterprise agreement were consistent with the principles of good faith bargaining and if the changes would result in an overall improvement in the terms and conditions of employment. The court also had to consider whether the variations aligned with the objectives of the Fair Work Act, including promoting harmonious, productive, and cooperative workplace relationships.

In its decision, the court found that the proposed variations were made in good faith and would lead to improved terms and conditions for employees. The court noted that the changes were necessary to reflect changes in the industry and to ensure the agreement remained fair and reasonable. The court was satisfied that the variations did not undermine the objectives of the Fair Work Act and would promote cooperative workplace relations. Consequently, the court approved the variations to the enterprise agreement.

The final orders of the court included the approval of the proposed variations to the demolition enterprise agreement between Rafferty the Wrecker Pty Limited and the CFMEU. These variations were to come into effect on the date of the decision and were to be binding on both parties. The court's decision was based on the findings that the variations were made in good faith, improved the terms and conditions of employment, and aligned with the objectives of the Fair Work Act.

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