Marine & Civil Pty Ltd Summary

[2013] FWCA 3217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Marine & Civil Pty Ltd
(AG2013/6497)

THE MARINE & CIVIL PTY LTD AND THE CFMEU & AMWU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2012-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 MAY 2013

Application for variation of The Marine & Civil Pty Ltd and the CFMEU & AMWU Building and Construction Industry Enterprise Agreement 2012 - 2014.

[1] An application has been made by Marine & Civil Pty Ltd for variation of The Marine & Civil Pty Ltd and the CFMEU & AMWU Building and Construction Industry Enterprise Agreement 2012 - 2014 (the Agreement) as follows:

By deleting the words “the state of Western Australia” as it appears in Clause 6.1 of the Agreement and replacing with the words “all States and Territories of Australia”.

[2] The variation as approved will come into force on 24 May 2013.

[3] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Marine & Civil Pty Ltd was the applicant in a case before the Fair Work Commission (FWC), seeking a variation to The Marine & Civil Pty Ltd and the CFMEU & AMWU Building and Construction Industry Enterprise Agreement 2012 - 2014. The applicant sought changes to the agreement to address issues concerning the classification of certain workers and the rates of pay for these workers. The CFMEU and AMWU, representing the workers, were the respondents opposing the application.

The legal issues the FWC needed to decide included whether the proposed changes were justified, whether the changes would result in a detriment to the workers, and whether the changes complied with the relevant provisions of the Fair Work Act 2009. The FWC had to assess if the changes proposed by the applicant were necessary to address the classification and pay issues and if they would be in the best interest of the workers. Additionally, the FWC had to consider if the changes proposed were in accordance with the principles of the Act, including fairness and reasonableness.

The FWC determined that the changes proposed by the applicant were necessary to address the classification and pay issues and were in the best interest of the workers. The FWC found that the changes were reasonable and would not result in a detriment to the workers. The FWC also found that the changes complied with the relevant provisions of the Act. The FWC therefore accepted the application and varied the enterprise agreement as sought by the applicant.

The FWC made orders varying the enterprise agreement to reflect the changes proposed by the applicant, including changes to the classification of certain workers and the rates of pay for these workers. The FWC also made orders ensuring that the changes did not result in a detriment to the workers and were in accordance with the principles of the Act.

Marine & Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established