Two Federal Court decisions ruling the Victorian construction guidelines' limits on enterprise agreements (EA) constituted adverse action have left NSW's construction guidelines under a cloud.
Last week the Construction Forestry Mining Energy Union (CFMEU) won cases against a principal contractor, McCorkell Constructions, and the State of Victoria on the basis that adhering to the guidelines constituted adverse action under the FW Act because they limited EA content and employees had a right to make an EA. In March, NSW IR minister Mike Baird introduced construction guidelines modelled on the Victorian ones which similarly restrict EA content.
Unions NSW secretary Mark Lennon told a delegates' meeting on May 30 the CFMEU has written to Baird arguing the guidelines should be scrapped. A spokesperson for Baird told WFNSW the State Government was examining the Victorian cases but reiterated it will be introducing guidelines on July 1.
The Vic Govt has decided to appeal the decisions.