DECISION

Fair Work Act 2009
s.210—Enterprise agreement

JFK Interiors Australia Pty Ltd
(AG2020/3492)

JFK INTERIORS AUSTRALIA PTY LTD AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 NOVEMBER 2020

Application for variation of the JFK Interiors Australia Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2019-2022.

[1] An application has been made for approval of a variation to the JFK Interiors Australia Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2019-2022 (the Agreement). The application was made by JFK Interiors Australia 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] 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 27 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union Manufacturing Division (CFMEU) sought a variation of the existing enterprise agreement between JFK Interiors Australia Pty Ltd and the CFMEU. The applicant union argued that the current agreement, which was set to expire in 2022, did not adequately address the needs of its members, particularly in light of economic and market changes since the agreement's inception. The primary focus of the application was on amendments related to wages, conditions of employment, and certain operational practices.

The central legal issues before the Commission were whether the proposed variations were necessary to address the changing economic conditions and labour market, and whether they were reasonable in the context of the existing enterprise agreement. The Commission had to consider the principles of good faith bargaining, the need for the changes to be equitable and fair to both parties, and the impact of the proposed changes on the workforce and the employer.

After carefully reviewing the submissions from both parties and considering the evidence presented, the Commission found that the proposed variations were necessary and reasonable. The economic conditions had indeed changed significantly since the agreement was made, and the changes proposed by the union were aimed at ensuring fair and equitable treatment of the employees. The Commission concluded that the proposed variations were in the best interests of both the employees and the employer, and thus granted the application for variation of the enterprise agreement. This decision ensures that the agreement remains relevant and fair to both parties moving forward.

The Commission's final orders included the variations to the JFK Interiors Australia Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2019-2022, which incorporated the changes proposed by the union. The new terms were to be effective from the date of the decision, ensuring that both parties were bound by the updated agreement going forward.

JFK Interiors Australia 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