DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2610)

RESOLUTION RIGGING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the Resolution Rigging Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Resolution Rigging Services 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 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 21 September 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Resolution Rigging Services Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment within the rigging services sector, specifically addressing issues such as wages, working hours, and workplace safety provisions. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement met the statutory requirements for approval, particularly under sections 232 and 233 of the Fair Work Act. The Commission had to assess if the agreement provided for a fair and efficient workplace, ensuring that it did not undermine the general principles of industrial relations law. Additionally, the Commission considered the balance of the agreement in terms of its provisions on wages, leave entitlements, and health and safety measures, to ensure these were reasonable and in line with the broader economic and industrial context.

In its decision, the Fair Work Commission found that the proposed agreement largely complied with the legislative requirements. The Commission highlighted that the agreement addressed key areas such as wage progression, working hours, and workplace safety effectively. The Commission noted that while some aspects of the agreement could be seen as more favourable to the union, they were balanced by other provisions that were more advantageous to the employer. Consequently, the Commission approved the collective agreement, finding that it was consistent with the principles of the Fair Work Act and conducive to achieving a fair and efficient workplace.

The final orders of the Commission included the approval of the Resolution Rigging Services Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to its operation from the date of the Commission's decision. The Commission also mandated that both parties adhere to the terms of the agreement and ensure that it was implemented in good faith.

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