Construction, Forestry, Mining and Energy Union

[2017] FWCA 6458

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5328)

SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016

Australian Capital Territory
Deputy President Gostencnik	MELBOURNE, 5 DECEMBER 2017

Application for variation of the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016.

An application has been made for approval of a variation to the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 5 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought a variation to the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016. The dispute centred around the interpretation and application of the agreement, particularly in relation to specific working conditions and entitlements of employees within the post-tensioning sector. The Commission was tasked with determining whether the requested changes were necessary to address evolving industry practices and ensure fair and reasonable terms for the workforce.

The legal issues before the Commission involved the interpretation of the existing agreement and whether the proposed variations were justified under the Fair Work Act 2009. The primary focus was on whether the changes would lead to improved working conditions and compliance with modern employment standards. The Commission had to assess the arguments presented by both parties, considering the balance between maintaining industrial harmony and addressing the legitimate needs of the workforce.

In its decision, the Commission examined the evidence provided by both the CFMEU and SRG Building (Northern) Pty Ltd. It found that certain aspects of the proposed variations were necessary to align the agreement with current industry practices and to ensure that employees' rights and conditions were adequately protected. The Commission concluded that the variations were reasonable and necessary to maintain fairness and industrial peace. As a result, the application for variation was approved in part, with specific changes to the agreement being implemented to reflect the evolving needs of the industry and the workforce.

The final orders included the incorporation of specific clauses into the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016, reflecting the approved variations. These clauses addressed key areas such as working hours, overtime entitlements, and the use of technology in the post-tensioning sector. The decision ensures that the agreement remains relevant and fair, providing a balanced outcome for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established