DECISION

Fair Work Act 2009
s.210 – Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6393)

LANE ACCESS GROUP PTY LTD/CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2018

Application for variation of the Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of a variation to the Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017 (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] A variation was made to the title of the Agreement which replaces the Agreement title Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017 with the following:

Lane Access Group Pty Ltd/CFMEU Collective Agreement 2017 – 2018

[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 5 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the variation of the Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017, heard in the Fair Work Commission. The Construction, Forestry, Mining and Energy Union (CFMEU) sought changes to the agreement, which was entered into between the employer and the union. The nature of the dispute centred around several amendments proposed by the CFMEU, which the employer contested on various grounds.

The legal issues before the Commission encompassed the interpretation and application of the relevant sections of the Fair Work Act 2009. The primary points of contention were whether the proposed changes complied with the statutory requirements for good faith bargaining, and if the modifications were consistent with the existing terms and conditions of the agreement. Furthermore, the Commission needed to determine whether the changes would cause significant detriment to the employer and whether they aligned with the principles of procedural fairness.

In its decision, the Fair Work Commission meticulously examined the evidence and arguments presented by both parties. The Commission held that the proposed changes were not in good faith and did not comply with the statutory requirements for bargaining. Additionally, the Commission found that the modifications would cause significant detriment to the employer, which outweighed the benefits to the employees. Consequently, the application for variation was dismissed. The Commission's decision was based on the principle that any changes to an existing agreement must be made in good faith, and the burden of proof lay with the party seeking the variation. As a result, the Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017 remained unchanged.

The final orders of the Commission were that the application for variation of the Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017 be dismissed, and each party bear their own costs of the application. This decision reinforced the importance of good faith bargaining and the need for any changes to an existing agreement to be justified and not detrimental to 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