DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6545)

MC TRAFFIC MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 FEBRUARY 2018

Application for variation of the MC Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a variation to the MC Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018 (the Agreement). The application was made by Construction, Forestry, 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 2 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MC Traffic Management Pty Ltd, sought to vary an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the application's impact on the employment terms and conditions of the employees covered by the agreement. The case was heard in the Fair Work Commission (FWC).

The primary legal issues revolved around the application's compliance with the Fair Work Act 2009. The FWC needed to determine if the proposed changes were in the interests of the employees and if the application process adhered to the relevant legislative requirements. It also had to consider whether the changes were necessary to address a change in circumstances since the agreement's inception.

The FWC found that the application was not in the best interests of the employees, as it sought to reduce their entitlements without a valid justification. The FWC emphasised the importance of maintaining fair and reasonable terms in enterprise agreements. It noted that the applicant had not provided sufficient evidence to demonstrate that the proposed changes were necessary or would benefit the employees. Consequently, the application was dismissed. The FWC upheld the existing terms of the enterprise agreement, ensuring that the employees' rights and conditions were preserved.

The FWC's decision emphasised the importance of maintaining fair and reasonable terms in enterprise agreements. It highlighted the need for applicants to provide compelling evidence to justify changes to existing agreements. This case serves as a reminder of the FWC's role in ensuring that enterprise agreements are fair and reasonable and that the interests of employees are protected.

Construction, Forestry, 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