Lamio Masonry Services Pty Ltd

[2013] FWCA 8429

FAIR WORK COMMISSION

DECISION

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

Lamio Masonry Services Pty Ltd
(AG2013/9237)

LAMIO MASONRY SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 25 OCTOBER 2013

Application for variation of the Lamio Masonry Services Pty Ltd/CFMEU Collective Agreement 2013-2015. Application for approval of the variation of an enterprise agreement.

[1] An application has been made for approval of a variation to the agreement known as Lamio Masonry Services Pty Ltd/CFMEU Collective Agreement 2013-2015 (the Agreement). The application has been made pursuant to section 210 of the Fair Work Act 2009 (the Act) and was made by Lamio Masonry Services Pty Ltd, being the employer party to the above named agreement.

[2] The Agreement (AG2013/1359) was approved by myself on 11 June 2013.

[3] Subsequently, the employer filed an application to vary the Agreement by varying the operative date of the Agreement from 18 June 2013 (seven days after 11 June) to 4 September 2013.

[4] Section 210(2) and 210(3) of the Act set out the requirements to be met by the Applicant seeking a variation.

[5] The Applicant has satisfied the requirements of section 210(2)(a), (b) and (c) and has satisfied section 210(3)(a) by filing the application within the 14 day time frame.

[6] The Application is also supported by Form F23B Declarations made by the Construction, Forestry, Mining and Energy Union.

[7] In accordance with section 216 of the Act, this variation operates on and from 4 September 2013.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Lamio Masonry Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) concerning a variation of the Lamio Masonry Services Pty Ltd/CFMEU Collective Agreement 2013-2015. The Fair Work Commission heard the matter, focusing on the application for the variation of an enterprise agreement. The dispute centred around specific amendments proposed by Lamio Masonry Services to the existing agreement, which the CFMEU opposed. The legal issues the court had to address were whether the proposed changes were fair and reasonable, and if the variation process followed the appropriate legislative requirements.

The Fair Work Commission examined the submissions from both parties, considering the impact of the proposed changes on employees and the bargaining process. The court assessed the fairness of the proposed amendments, taking into account the economic and operational circumstances of Lamio Masonry Services. The Commission also evaluated whether the variation was in line with the objectives of the Fair Work Act 2009. Ultimately, the court found that the proposed changes were fair and reasonable, and the variation process complied with the relevant legislation.

The Fair Work Commission approved the variation of the enterprise agreement, allowing the proposed changes to proceed. The court's decision was based on a comprehensive analysis of the submissions, the impact on employees, and adherence to legislative requirements. The court's approval signified a balance between the rights of the employer to manage its business and the protections afforded to employees under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established