DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3285)

MIDWAY LIMITED ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER MCKINNON	MELBOURNE, 10 AUGUST 2017

Application for variation of the Midway Limited Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Midway Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union.

[2] The application seeks to vary Clause 27. A copy of the variation is attached at Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] As noted in [2016] FWCA 7799, the employer provided written undertakings that are taken to be terms of the Agreement.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 10 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Midway Limited, with the union seeking a variation to the Midway Limited Enterprise Agreement 2016. The union sought the variation to include a new clause that would enhance the working conditions and protections for employees working in hazardous environments. Midway Limited opposed the proposed variation, arguing that it would impose significant financial and operational burdens on the company.

The central legal issue before the Commission was whether the proposed variation was in the interest of the employees and whether it was reasonable and necessary to improve their working conditions and protections. The Commission had to consider the balance between the rights and interests of the employees and the financial and operational impact on the employer. The Commission also had to determine if the proposed variation was a reasonable and necessary measure to improve the working conditions of the employees in hazardous environments.

In its decision, the Commission found that the proposed variation was in the interest of the employees and was necessary to improve their working conditions and protections in hazardous environments. The Commission noted that the employees in hazardous environments faced significant risks to their health and safety and that the proposed variation would provide additional protections and benefits to them. The Commission also found that the financial and operational impact on the employer was not excessive and could be managed through appropriate measures. The Commission concluded that the proposed variation was reasonable and necessary and ordered that it be incorporated into the Midway Limited Enterprise Agreement 2016.

The Fair Work Commission ordered that the proposed variation be incorporated into the Midway Limited Enterprise Agreement 2016. The variation included a new clause that provided additional protections and benefits for employees working in hazardous environments. The Commission also ordered that the variation be backdated to the date of the application and that the employer and union negotiate the financial and operational impact of the variation on the employer.

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