DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastwide Rigging Services Pty Ltd
(AG2020/2298)

COASTWIDE RIGGING SERVICES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 AUGUST 2020

Application for approval of the Coastwide Rigging Services Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Coastwide Rigging Services Pty Ltd Enterprise Agreement 2020 – 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coastwide Rigging Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 26 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Coastwide Rigging Services Pty Ltd, the Fair Work Commission was asked to consider the approval of an enterprise agreement between the employer and the employees represented by the Maritime Union of Australia. The agreement, which was proposed for the period from 2020 to 2024, aimed to establish the terms and conditions of employment for the employees within the company. The dispute primarily revolved around whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all respects.

The primary legal issues that the Fair Work Commission had to address were whether the agreement was genuinely negotiated, contained no unlawful content, and was fair and reasonable. The Commission also had to consider if the agreement complied with the minimum entitlements prescribed by the relevant industrial instruments. Furthermore, the Commission examined whether the agreement contained appropriate provisions for the resolution of disputes and the protection of employees' rights.

In reaching its decision, the Fair Work Commission noted that the agreement had been genuinely negotiated between the parties, contained no unlawful provisions, and provided for a fair and reasonable set of terms and conditions for the employees. The Commission was satisfied that the agreement did not undermine the minimum entitlements and contained appropriate dispute resolution mechanisms. Consequently, the Fair Work Commission approved the Coastwide Rigging Services Pty Ltd Enterprise Agreement 2020-2024. The approval was effective from the date of the decision and would remain in force until the end of the specified period or until terminated in accordance with the agreement's provisions.

Coastwide Rigging Services 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