DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6394)

MADDEX RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2021

Application for approval of the Maddex Rigging Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Maddex Rigging Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Maddex Rigging Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The application was brought under the Fair Work Act 2009. The crux of the dispute was whether the collective agreement met the legal requirements for approval and registration, particularly regarding the coverage of employees and the procedural fairness in its creation.

The court was tasked with determining whether the collective agreement was genuinely negotiated between the employer and the union, and if the process adhered to the statutory requirements set forth in the Fair Work Act. Furthermore, the court examined whether the agreement was in the best interests of the employees it covered and if it complied with the broader economic and social policy considerations of the Act.

In reaching its decision, the court closely examined the evidence presented regarding the negotiation process and the terms of the agreement. It assessed the extent to which the agreement reflected the will of the employees and whether it provided fair and reasonable terms for those employed by Maddex Rigging Pty Ltd. The court found that the agreement was the result of genuine negotiations and that it met all statutory requirements for approval. The terms of the agreement were deemed to be fair and in the best interests of the employees, and the court was satisfied with the procedural fairness of the negotiation process.

Accordingly, the court approved the collective agreement and ordered its registration under the Fair Work Act. This decision confirmed the validity of the agreement and its applicability to the employees of Maddex Rigging Pty Ltd for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established