DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3846)

IC FORMWORK SERVICES PTY LTD AND THE CFMEU ACT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2017

Application for variation of the IC Formwork Services Pty Ltd and the CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the IC Formwork Services Pty Ltd and the CFMEU ACT Enterprise 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 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 7 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought an application for the variation of the IC Formwork Services Pty Ltd and the CFMEU ACT Enterprise Agreement 2016. The application arose from disputes over the interpretation and application of certain clauses within the enterprise agreement. The central issue was whether the employer's implementation of new working conditions and practices complied with the existing agreement and whether the union's objections to these changes were justified.

The legal issues the court had to address included whether the employer's actions constituted a breach of the enterprise agreement and whether the changes introduced by the employer warranted a variation of the agreement. The court needed to consider the precise wording of the relevant clauses, the context in which they were negotiated, and the principles of good faith bargaining. Additionally, the court had to determine whether the changes proposed by the employer were necessary and reasonable in light of the overall objectives of the agreement.

The court found that the employer had indeed breached the enterprise agreement by implementing changes without proper consultation and negotiation. The court emphasised the importance of good faith bargaining and the necessity for both parties to adhere to the terms of the agreement. In light of these findings, the court ruled that a variation of the enterprise agreement was warranted. The court ordered that specific clauses be amended to reflect the changes proposed by the employer, while also ensuring that the union's concerns were adequately addressed. The decision underscored the importance of maintaining a balanced and collaborative approach in the negotiation and implementation of enterprise agreements.

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