[2017] FWCA 6233

DECISION

Fair Work Act 2009
s.210--Enterprise agreement
Construction, Forestry, Mining and Energy Union

(AG2017/4932)

MAGUIRE SHOTCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 NOVEMBER 2017

Application for variation of the Maguire Shotcrete 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 Maguire Shotcrete 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).

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

[2] 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.

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

[4] In accordance with s.216 of the Act, the variation operates from 24 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was called upon to consider an application for a variation of the Enterprise Agreement between Maguire Shotcrete Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought forward to address specific concerns related to the operation of the agreement, specifically regarding the classification of certain workers. The legal issues at the heart of this matter revolved around the interpretation and potential modification of the Enterprise Agreement to ensure that it aligned with contemporary employment standards and practices. The Commission had to determine whether the proposed variations were necessary to prevent or remedy an unfair work practice and whether they were in accordance with the principles of the Fair Work Act.

The Commission meticulously examined the arguments presented by both parties, assessing whether the proposed changes would indeed address the issues of unfair work practices and whether they were fair and reasonable. The Commission considered the current terms of the Enterprise Agreement, the nature of the proposed changes, and the implications these changes would have on the employees and the employer. The decision was grounded in the principle of ensuring fairness and preventing unfairness in the workplace. After thorough deliberation, the Commission concluded that the proposed variations were necessary to address the identified issues and were fair and reasonable under the circumstances. Consequently, the Commission approved the variations, ensuring that the Enterprise Agreement would better reflect the needs and standards of the modern workplace.

The outcome of the case was a variation to the Enterprise Agreement, which was approved by the Commission. This variation aimed to correct certain classifications and address the concerns raised by the application. The final orders included the incorporation of the proposed changes into the Enterprise Agreement, ensuring that it better met the needs of the parties involved while maintaining a balance between fairness and practicality. The decision underscored the Commission's commitment to ensuring that Enterprise Agreements are fair, up-to-date, and reflective of the evolving nature of work.

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