Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7380)

HD RIGGING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 SEPTEMBER 2021

Application for approval of the HD Rigging Pty Ltd/CFMEU Collective Agreement 2019-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the HD Rigging Pty Ltd/CFMEU Collective Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 22 September 2021 and, in accordance with s 54, will operate from 29 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement entered into with HD Rigging Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The Union argued that the agreement was consistent with the Fair Work Act, as it was made in good faith and was not contrary to public policy. HD Rigging Pty Ltd did not contest the approval of the agreement, but questioned certain provisions related to employee entitlements and working conditions.

The central legal issue before the Commission was whether the collective agreement complied with the statutory requirements of the Fair Work Act, particularly sections concerning good faith bargaining and public policy. The Commission had to assess if the agreement's provisions were consistent with these requirements and did not contravene any legislative provisions. Additionally, the Commission needed to determine whether any particular terms of the agreement were contrary to public policy.

The Commission found that the agreement was made in good faith and did not contain any provisions that were contrary to public policy. The Union demonstrated that the agreement had been negotiated in a manner consistent with the principles of good faith bargaining, and that it did not include any terms that would be detrimental to the public interest. The Commission approved the agreement, noting that the provisions were fair and reasonable, and that there was no evidence to suggest that the agreement would have any adverse effects on the broader community. The Commission's decision was based on the evidence presented and the legal framework provided by the Fair Work Act.

The Commission approved the collective agreement, confirming that it met the statutory requirements under the Fair Work Act. The decision was based on the evidence that the agreement was made in good faith and did not contravene any legislative provisions or public policy. The approval of the agreement ensures that the terms and conditions of employment for the employees of HD Rigging Pty Ltd are regulated by the collective agreement, providing them with a fair and reasonable set of rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established