DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2906)

JD'S RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2020

Application for approval of the JD's Rigging Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the JD’s Rigging Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2020. 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 case involves an application for the approval of a collective agreement between JD's Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The application was made by the CFMEU, representing the employees of JD's Rigging Pty Ltd, seeking to have the proposed collective agreement ratified. The legal issues before the FWC centred on whether the agreement met the statutory requirements for approval, including whether it contained terms that were contrary to public policy or were otherwise unlawful.

The FWC examined the provisions of the proposed agreement to ensure they were not inconsistent with the Fair Work Act. The Commission considered the obligations of the employer and the employees, the rights and protections provided under the agreement, and whether any terms were against public policy or otherwise unenforceable. The CFMEU argued that the agreement was fair and balanced, while JD's Rigging Pty Ltd did not contest the approval of the agreement, focusing instead on the specific terms. The FWC found that the agreement contained terms that were not in breach of any legislative provisions and did not contravene public policy. The Commission also considered the need for the agreement to address the specific circumstances of the employees and the employer's business.

Following its review, the FWC approved the collective agreement, finding that it was not contrary to public policy or unlawful. The Commission noted that the agreement provided adequate protections for the employees and reflected the specific needs of the employer's business. The CFMEU's application for approval was therefore granted. The FWC's decision was based on a thorough examination of the agreement's terms, ensuring compliance with the statutory requirements and the overall fairness of the agreement for both parties. The final orders included the approval of the JD's Rigging Pty Ltd / CFMEU Collective Agreement 2019-2022, effective from the date of the decision.

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