DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division
(AG2021/4339)

ROCKCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MARCH 2021

Application for variation of the Rockcrete Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Rockcrete Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the 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] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Rockcrete Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Rockcrete Pty Ltd / CFMEU Collective Agreement 2019-2023

[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 29 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union Manufacturing Division sought a variation of the existing Collective Agreement with Rockcrete Pty Ltd, which covers the period from 2019 to 2022. The union argued that changes in the economic environment, particularly the impact of the COVID-19 pandemic, necessitated adjustments to the terms of employment to ensure the financial sustainability of the company and the protection of employees' rights and conditions.

The central legal issues before the Commission involved whether the proposed changes to the Collective Agreement were justified under the relevant provisions of the Fair Work Act, and whether the union had sufficiently demonstrated that the changes were necessary due to exceptional circumstances. The Commission had to balance the union's arguments regarding the need for financial sustainability and employee protection against the potential adverse impacts on employees' conditions.

The Commission, after considering the evidence and arguments presented by both parties, determined that the proposed changes to the Collective Agreement were indeed necessary due to the economic downturn caused by the pandemic. The Commission concluded that the changes were reasonable and justifiable under the circumstances, taking into account the need for financial sustainability and the protection of employees' rights. The Commission approved the variation of the Collective Agreement, allowing for the implementation of the proposed changes to ensure the continued operation of Rockcrete Pty Ltd. This decision underscores the importance of adaptability in collective bargaining agreements in response to significant economic disruptions.

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established