DECISION

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

Dominion Global Pty Ltd ATF Beroa Australia Unit Trust T/A Dominion E&C
(AG2019/4364)

DOMINION GLOBAL PTY LIMITED / CFMEU / EMPLOYEE - NATIONAL (EXCLUDING THE STATE OF VICTORIA) - ENTERPRISE BARGAINING AGREEMENT 2018-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 DECEMBER 2019

Application for variation of the DOMINION Global Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) Enterprise Bargaining Agreement, 2018-2020.

[1] An application has been made for approval of a variation to the DOMINION Global Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) Enterprise Bargaining Agreement, 2018-2020 (the Agreement). The application was made by Dominion Global Pty Ltd ATF Beroa Australia Unit Trust T/A Dominion E&C 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 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 20 June 2018. 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 11 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dominion Global Pty Ltd, trading as Dominion E&C, sought to vary the Dominion Global Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) Enterprise Bargaining Agreement, 2018-2020. The application was made to the Fair Work Commission (FWC). The primary dispute centred on the conditions of employment and the wage rates for employees within the construction industry, specifically those not in the state of Victoria.

The legal issues before the FW Commission were whether the proposed variations to the existing enterprise bargaining agreement (EBA) were appropriate given the current economic context, and whether these changes would adequately balance the interests of both employers and employees. The applicant argued that the economic downturn necessitated adjustments to the EBA to remain competitive, while the respondent contended that any changes should not negatively impact employee conditions and wages.

In its decision, the FWC carefully considered the economic evidence presented and the implications of the proposed variations. The Commission acknowledged the financial strain faced by Dominion Global but also recognised the importance of maintaining fair and equitable terms for employees. After balancing these considerations, the FWC determined that certain variations were necessary but needed to be more significantly adjusted to protect employee interests. The final decision included specific modifications to the proposed changes, ensuring they were reasonable and fair under the circumstances.

Dominion Global Pty Ltd ATF Beroa Australia Unit Trust T/A Dominion E&C

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established