DECISION

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

Currumbin Constructions Formwork Pty Ltd
(AG2021/4925)

CURRUMBIN CONSTRUCTIONS FORMWORK PTY LTD COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2021

Application for variation of the Currumbin Constructions Formwork Pty Ltd Collective Agreement 2019.

[1] An application has been made for approval of a variation to the Currumbin Constructions Formwork Pty Ltd Collective Agreement 2019 (the Agreement). The application was made by Currumbin Constructions Formwork Pty Ltd 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] 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 affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 4 October 2019. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 28 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Currumbin Constructions Formwork Pty Ltd, an applicant, sought a variation of the Currumbin Constructions Formwork Pty Ltd Collective Agreement 2019. The applicant was seeking to amend the agreement to allow for an increase in the maximum number of employees allowed to work on a single jobsite. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The dispute was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the proposed variation to the collective agreement was in the interests of the employees, as required by section 235 of the Fair Work Act 2009. The applicant argued that the increased number of employees on a jobsite would improve efficiency and safety, while the respondents contended that the variation would result in lower wages and reduced job security for employees. The Commission had to balance the potential benefits of the variation against any potential detriments to the employees.

After considering the evidence presented by both parties, the Commission found that the proposed variation was not in the best interests of the employees. The Commission noted that the applicant had not provided sufficient evidence to demonstrate that the variation would result in improved efficiency or safety, and that the respondents had provided evidence that the variation would result in lower wages and reduced job security. The Commission concluded that the proposed variation would have a detrimental effect on the employees, and therefore refused the application.

The Commission's decision was based on its finding that the proposed variation was not in the best interests of the employees, and that the detriment to the employees outweighed any potential benefits of the variation. The Commission refused the application for a variation of the collective agreement.

Currumbin Constructions Formwork Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established