Construction, Forestry, Mining and Energy Union

[2014] FWCA 3995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6277)

PBS MANAGEMENT PTY LTD / CONSTRUCTION, FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 17 JUNE 2014

Application for variation of the PBS Management Company Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of a variation to the agreement known as the PBS Management Company Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union.

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

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

[4] A consolidated version of the Agreement as varied is attached.

[5] In accordance with s.216 of the Act, the variation operates from the date of this decision.

Printed by authority of the Commonwealth Government Printer

<Price code A, AE406931 PR552099>
ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union lodged an application seeking a variation of the PBS Management Company Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016. The union argued that the agreement should be altered to reflect changes in the working environment and to address various issues concerning employee conditions and rights.

The central legal issues before the Commission were whether the proposed changes to the collective agreement were necessary and fair, and whether they complied with the relevant statutory provisions. The union contended that the amendments were essential to ensure the agreement remained relevant and effective, particularly in light of significant changes in the workplace environment. The employer, PBS Management Company Pty Ltd, opposed the application, arguing that the proposed changes were not necessary and would impose additional costs and obligations without clear benefits.

The Commission carefully considered the arguments from both parties, examining the current terms of the agreement and the evidence presented regarding changes in the workplace. It assessed whether the proposed variations were justified, whether they were procedurally fair, and whether they aligned with the principles of good faith bargaining. Ultimately, the Commission found that several of the proposed changes were necessary and appropriate, particularly those that aimed to clarify employee entitlements and improve workplace conditions. The Commission also found that the union had demonstrated a good faith effort to reach an agreement with the employer.

In light of its findings, the Commission varied the collective agreement in several respects. The final orders included amendments to employee entitlements, clarifications on workplace practices, and adjustments to the grievance and dispute resolution procedures. The Commission emphasised the importance of maintaining a fair and effective agreement that met the needs of both employees and employers in the evolving workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established