DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/879)

CROWN CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 18 APRIL 2016

Application for variation of the Crown Construction Services Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the Crown Construction Services Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought to vary the Crown Construction Services Pty Ltd Enterprise Agreement 2012 through an application made to the Fair Work Commission. The union aimed to address several concerns related to the terms and conditions of employment for its members, including issues related to wages, hours of work, and other employment conditions. The application was contested by Crown Construction Services Pty Ltd, which argued against the proposed variations.

The primary legal issues before the Commission were whether the proposed variations were necessary to ensure fairness in terms of security of employment, whether they were required to address an industrial dispute, and whether they were necessary to facilitate a productive workplace. The Commission had to consider whether the changes would achieve the objectives of the Fair Work Act 2009, particularly in promoting harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the proposed variations were necessary to ensure fairness in terms of security of employment, to address an industrial dispute, and to facilitate a productive workplace. The Commission noted that the changes would contribute to achieving the objects of the Fair Work Act, including the promotion of harmonious, productive, and cooperative workplace relations. The Commission also considered the impact of the changes on the operations of Crown Construction Services Pty Ltd and concluded that the benefits of the variations outweighed any potential detriments.

The Fair Work Commission ultimately approved the application for variation of the Crown Construction Services Pty Ltd Enterprise Agreement 2012, with the changes to take effect from the date of the decision. The Commission ordered that the new terms and conditions be incorporated into the enterprise agreement, thereby resolving the dispute between the union and the employer.

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