DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/338)

SLH INDUSTRIES PTY LTD T/AS SLH ASBESTOS REMOVING INDUSTRIES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MARCH 2018

Application for variation of the SLH Industries Pty Ltd T/As SLH Asbestos Removing Industries 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 SLH Industries Pty Ltd T/As SLH Asbestos Removing Industries and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018 (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).

[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 15 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by SLH Industries Pty Ltd T/As SLH Asbestos Removing Industries for a variation of the Asbestos Removal Enterprise Agreement 2016-2018 with the Construction, Forestry, Mining and Energy Union (CFMEU) Victorian Construction and General Division. The matter was heard in the Fair Work Commission. The applicant sought a variation to the agreement to address specific operational challenges, including changes in the workforce and business operations, which they argued warranted adjustments to certain terms of the agreement.

The legal issues before the Commission centred on whether the proposed variations were justifiable under the Fair Work Act 2009. The applicant argued that the changes were necessary to adapt to significant changes in their business environment and to remain competitive. The CFMEU contended that the proposed variations were not warranted and would adversely affect the employees' conditions. The central issue was whether the applicant had demonstrated a genuine change in circumstances warranting a variation to the existing enterprise agreement.

In its decision, the Commission found that while the applicant had experienced operational challenges, the proposed variations did not sufficiently demonstrate a genuine change in circumstances that warranted altering the existing agreement. The Commission emphasised the importance of maintaining fair and consistent conditions for employees and noted that the applicant had not provided compelling evidence that the variations were necessary to address their operational issues. Consequently, the application for variation was dismissed.

As a result of the decision, the Asbestos Removal Enterprise Agreement 2016-2018 remained in effect without the proposed variations. The Commission's ruling highlighted the need for substantial evidence to justify changes to existing enterprise agreements, reinforcing the protection of employees' rights and conditions.

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