DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2046)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 JULY 2020

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

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

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with National Rigging Services Pty Ltd (NRS) for the period 2019-2022. The CFMEU argued that the agreement contained provisions that were necessary to address specific issues within the rigging industry, including the classification of employees, wages, and working conditions. NRS opposed the approval, contending that some provisions were overly prescriptive and could potentially restrict their operational flexibility.

The primary legal issues before the Commission were whether the provisions of the agreement were fair and reasonable, and whether they complied with the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the provisions were necessary to address genuine workplace issues and whether they were consistent with the principles of enterprise bargaining as set out in the Act. The Commission also needed to consider if the agreement met the standard of being "better off, overall and fair" for the employees covered by it.

After reviewing the submissions and evidence from both parties, the Commission concluded that the majority of the provisions in the agreement were fair and reasonable. The Commission found that the agreement addressed specific issues within the rigging industry and provided a balanced approach to the needs of both the employees and the employer. The Commission noted that while some provisions might impose certain restrictions on NRS's operational flexibility, these were necessary to ensure fair working conditions and wages for the employees. Therefore, the Commission approved the collective agreement with some minor modifications to address certain concerns raised by NRS. The Commission's decision was based on the understanding that the agreement would result in a positive outcome for the employees overall.

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