DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5921)

QUALITY RIGGING SERVICES (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JULY 2021

Application for variation of the Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2023

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

[6] In accordance with s.216 of the Act, the variation operates from 21 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Quality Rigging Services (Australia) Pty Ltd, applied to the Fair Work Commission for a variation of the existing collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around changes to the agreement's provisions concerning the scheduling of work, the handling of overtime, and the classification of certain roles within the company. The Fair Work Commission was tasked with determining whether the proposed changes were reasonable in the circumstances and whether they should be incorporated into the existing agreement.

The legal issues before the Commission were whether the proposed variations aligned with the principles of good faith bargaining and whether they constituted a genuine attempt to resolve the parties' industrial disputes. The Commission also needed to consider whether the changes were necessary to address the evolving nature of the industry and the specific circumstances of Quality Rigging Services. Furthermore, the Commission had to assess whether the variations were consistent with the broader objectives of the Fair Work Act, including promoting productive and harmonious workplace relations.

In its decision, the Commission found that the applicant had engaged in good faith bargaining with the union and that the proposed variations were reasonable. The Commission acknowledged the need for flexibility in the agreement to accommodate the dynamic nature of the industry and the specific operational requirements of Quality Rigging Services. The Commission determined that the variations would not undermine the integrity of the collective agreement or the rights of the employees. Consequently, the Commission approved the variations, which were subsequently incorporated into the collective agreement.

The Fair Work Commission ordered that the Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022 be varied as per the terms proposed by the applicant. The variations included amendments to the scheduling of work, the handling of overtime, and the classification of certain roles. The new provisions were to take effect from the date of the Commission's decision and would remain in force until the end of the agreement's term.

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