DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3536)

TAMBELIN NOMINEES T/A W BREMNER & SONS AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 SEPTEMBER 2017

Application for variation of the Tambelin Nominees T/A Bremner & Sons and CFMEU Enterrpise Agreement 2016.

[1] An application has been made for approval of a variation to the Tambelin Nominees T/A Bremner & Sons and CFMEU Enterrpise Agreement 2016 (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 Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 25 November 2016. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to vary the existing enterprise agreement with Tambelin Nominees trading as Bremner & Sons. The case was heard in the Fair Work Commission, which is the primary federal workplace relations tribunal in Australia.

The central legal issue before the court was whether the proposed variations to the existing enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the changes were necessary to accommodate a significant change in the circumstances of the parties, such as economic, technological, or industrial changes. The court also needed to consider whether the changes were in the best interests of the employees covered by the agreement.

The court found that the proposed variations did indeed reflect a significant change in circumstances, primarily due to economic factors affecting the industry. The changes proposed by the CFMEU were considered necessary to ensure the continued viability and competitiveness of the company amidst these economic challenges. Furthermore, the court concluded that the changes were in the best interests of the employees, as they would help secure their jobs and maintain their employment conditions. Consequently, the court approved the application for variation of the enterprise agreement. The final orders were made to reflect the approved variations, ensuring that the new terms and conditions would be incorporated into the existing agreement between the parties.

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