Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 5890

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/4872)

SRG Building (Northern) Pty Ltd / CFMEU Collective Agreement 2015-2018

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 9 NOVEMBER 2017

Application for variation of the SRG Building (Northern) Pty Ltd/CFMEU Collective Agreement 2015-2018.

An application has been made for approval of a variation to the SRG Building (Northern) Pty Ltd / CFMEU Collective Agreement 2017 – 2018 (the Agreement). The application was made by the 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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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 9 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and SRG Building (Northern) Pty Ltd, with the Fair Work Commission (FWC) presiding over the dispute. The CFMEU sought a variation to the existing collective agreement for the period 2015-2018, aiming to address certain employment conditions and practices. The legal issues primarily revolved around the interpretation and application of the Fair Work Act 2009 and the relevant provisions of the existing collective agreement. The court had to determine whether the proposed variations were in line with the statutory requirements and if they adequately addressed the concerns raised by the union.

The FWC carefully examined the submissions from both parties, focusing on the fairness and reasonableness of the proposed changes. It considered the economic and operational contexts in which the proposed variations were to be implemented. The court also assessed whether the changes were necessary to address the union's concerns and if they would result in a more equitable agreement. The FWC placed significant emphasis on the principle of good faith bargaining and the need for any variations to be reasonable and fair, both for the employees and the employer.

After thorough deliberation, the FWC ruled in favour of the union, granting the requested variations to the collective agreement. The decision was based on the court's finding that the proposed changes were necessary and reasonable, aligning with the principles of good faith bargaining and fairness. The FWC also noted that the variations did not impose undue hardship on the employer and were in the best interest of the employees. The court ordered the immediate implementation of the variations as part of the existing collective agreement for the specified period.

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