DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5189)

ADCO CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 NOVEMBER 2017

Application for variation of the ADCO Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016- 2018.

[1] An application has been made for approval of a variation to the ADCO Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 – 2018 (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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 27 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought a variation of the ADCO Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The union argued that the agreement should be amended to include provisions that would better protect employees from workplace hazards and improve their working conditions. ADCO Constructions opposed the application, arguing that the requested changes would impose additional costs and place an undue burden on the company.

The central legal issues before the Commission were whether the proposed variations were within the scope of the existing agreement and whether the changes would have a reasonable and practical effect on the employment relationship. The Commission had to consider whether the union's application met the statutory criteria for a variation, including whether the changes would be beneficial to the employees and whether they would not be detrimental to the employer. Additionally, the Commission needed to determine if the proposed changes were consistent with the objectives of the Fair Work Act 2009.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant statutory provisions. It found that the union's application for variation met the criteria set out in the Fair Work Act. The Commission concluded that the proposed changes would not impose an undue burden on the employer and would have a reasonable and practical effect on the employment relationship. The changes were deemed to be beneficial to the employees and consistent with the objectives of the Act. As a result, the Commission varied the enterprise agreement to include the requested provisions.

The Fair Work Commission granted the union's application for variation of the enterprise agreement. The changes, which included provisions for improved safety measures and better working conditions, were incorporated into the agreement. ADCO Constructions was required to implement the changes in accordance with the terms of the varied agreement. The union was also directed to provide a copy of the varied agreement to all affected employees.

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