DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5029)

MGR INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 NOVEMBER 2017

Application for variation of the MGR INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of a variation to the MGR INUDTRIES PTY LTD and CFMEU (Victorian Construction and General Division) Asbestos Removal 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 13 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the variation of the MGR Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission, which is Australia's workplace relations tribunal with jurisdiction over industrial disputes and the interpretation and enforcement of enterprise agreements.

The central legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were necessary to address a change in circumstances and whether the changes would be fair and reasonable. Specifically, the Commission had to determine if the changes to the agreement were necessary due to changes in the nature of the work, the workforce, or the operational environment, and if they were fair and reasonable in terms of the balance of power between the employer and the employees, as well as the protection of employees' rights and entitlements.

The Fair Work Commission found that the changes proposed in the Enterprise Agreement were necessary due to significant changes in the operational environment and the nature of the work. The Commission was satisfied that the changes would facilitate a more efficient and productive work environment, while also ensuring the safety of employees. Additionally, the Commission concluded that the changes were fair and reasonable, taking into account the balance of power between the employer and the employees, and the protection of employees' rights and entitlements. As a result, the Commission approved the variation of the Enterprise Agreement as applied.

The Fair Work Commission's final order was that the MGR Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018 be varied as per the terms outlined in the application. This decision confirmed the Commission's authority to make such variations in response to significant changes in the operational environment and the nature of the work, while also ensuring the protection of employees' rights and entitlements.

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