DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4195)

TRANSPACIFIC INDUSTRIAL SOLUTIONS (POWER STATION SITES) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	ADELAIDE, 28 AUGUST 2015

Application for variation of the Transpacific Industrial Solutions (Power Station Sites) Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Transpacific Industrial Solutions (Power Station Sites) Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 28 August 2015.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for a variation of the Transpacific Industrial Solutions (Power Station Sites) Enterprise Agreement 2012. The applicant sought to extend the agreement’s duration beyond its expiry date and to vary its terms. The dispute involved the extension and alteration of conditions in an enterprise agreement between the CFMEU and Transpacific Industries, impacting employees at power station sites.

The central legal issues before the FWC involved the validity of extending the agreement's duration beyond its scheduled expiry and whether the proposed changes to the agreement's terms were justified under the relevant industrial legislation. The applicant argued that the extension and variations were necessary to maintain fair and reasonable conditions for employees. The respondent contested the extension, asserting that it was not warranted and that the proposed changes did not meet the criteria for variation.

In its decision, the FWC found that the extension of the agreement's duration was permissible under the Fair Work Act 2009. The Commission concluded that the proposed changes were necessary to ensure fair and reasonable terms for employees, considering the economic and operational context of the industry. The FWC emphasised the importance of maintaining stability and predictability in the workplace during a period of significant change. The Commission's reasoning focused on the necessity of the variations to protect employees’ interests and ensure fair work practices.

The FWC varied the Transpacific Industrial Solutions (Power Station Sites) Enterprise Agreement 2012 to extend its duration and incorporate the proposed changes to its terms. The decision was based on the need to provide stability and reasonable conditions for employees in a dynamic industrial environment.

Construction, Forestry, Mining and Energy Union

DECISION

ATTACHMENT 1

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established