Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 6231

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5321)

Norris Plant Hire (Geelong) 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 Norris Plant Hire (Geelong) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of a variation to the Norris Plant Hire (Geelong) 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).

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 24 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the variation of the Norris Plant Hire (Geelong) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, a federal workplace relations tribunal in Australia, responsible for resolving disputes concerning workplace agreements and unfair dismissals.

The primary legal issues the Commission had to decide were whether the proposed changes to the enterprise agreement were fair and reasonable, and whether the process through which the agreement was sought was compliant with the relevant legislative requirements. The application sought to vary the existing agreement to include provisions relating to a new shift system and changes to employee entitlements. The applicant argued that the changes were necessary to address the employer’s operational needs and to provide a fair and equitable outcome for the employees. The respondent, Norris Plant Hire, opposed the application, contending that the proposed changes were not reasonable and would adversely affect the employees' conditions.

The Commission considered the evidence and arguments presented by both parties and concluded that the proposed changes to the enterprise agreement were fair and reasonable. The Commission found that the application process was compliant with the relevant legislative requirements and that the proposed changes addressed the employer’s operational needs in a manner that was fair and equitable for the employees. The Commission made the variation order, approving the changes to the enterprise agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established