DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6573)

BUXTON CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2018

Application for variation of the Buxton Constructions (VIC) 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 Buxton Constructions (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Buxton Constructions (VIC) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the application for variation of the Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission, which has jurisdiction to make such variations under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed variations to the Enterprise Agreement were fair and reasonable. This involved examining the application's compliance with the criteria set out in section 235 of the Fair Work Act, which requires that any variation must be procedurally and substantively fair. The court also considered whether the variations were necessary to address changes in the industry or to ensure the continued viability of the enterprise.

In its decision, the court found that the proposed variations were procedurally fair, as they had been negotiated in good faith between the parties and followed the correct process. The court also determined that the variations were substantively fair, as they addressed genuine changes in the industry and were necessary for the continued viability of Buxton Constructions. The court noted that the variations would not adversely affect employees' terms and conditions and would provide benefits to both the employer and the employees. As a result, the court approved the variations to the Enterprise Agreement.

The court ordered that the Enterprise Agreement 2016-2018 be varied as per the terms of the application. The variations included changes to pay rates, hours of work, and other employment conditions. The court's decision was binding on both parties and would come into effect from the date of the decision.

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