DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Australian Workers’ Union
(AG2021/5580)

VETERANS IN CONSTRUCTION & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 JULY 2021

Application for variation of the Veterans in Construction & The Australian Workers’ Union Agreement 2019.

[1] An application has been made for approval of a variation to the Veterans in Construction & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made by The Australian Workers’ Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary clause 4.1 to extend the nominal expiry date of the Agreement by 12 months. The variation to the Agreement is attached to this decision as Annexure B.

[3] I am satisfied that each of the requirements of sections 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] For completeness, the original Agreement was approved with a written undertaking pursuant to section 190. The undertaking was accepted and the Agreement was approved on 23 December 2019. That undertaking, attached to this Decision as Annexure A, forms part of the Agreement as varied.

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

[6] In accordance with section 216 of the Act, the variation operates from 15 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union has applied to the Fair Work Commission for a variation of the Veterans in Construction & The Australian Workers’ Union Agreement 2019. The dispute concerns the amendment of the existing industrial agreement to address the employment conditions of veterans working in the construction industry. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable in light of the parties' submissions and the broader economic context.

The primary legal issue before the Commission was whether the proposed variations to the agreement were justifiable under the relevant provisions of the Fair Work Act 2009. This involved assessing the fairness and reasonableness of the proposed changes to wages, working hours, and other employment terms. The Commission had to consider the submissions from both the union and the employer, as well as the potential impact on the broader industry and the economic environment.

The Commission found that the proposed variations were fair and reasonable. It took into account the evidence provided by both parties, the economic conditions, and the need to ensure fair treatment of veterans in the construction industry. The Commission concluded that the changes would not unduly harm the employer and were necessary to improve the conditions for the employees. Consequently, the application for variation was approved, and the agreement was amended as proposed by the union. The Fair Work Commission's decision was based on a careful consideration of all relevant factors and a determination that the changes were in the best interest of the employees and the industry.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established