DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1381)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 MAY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Quality Rigging Services (Australia) 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 4 June 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 by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement with Quality Rigging Services (Australia) Pty Ltd. The application was brought before the Fair Work Commission. The primary dispute concerns whether the proposed agreement complies with the statutory framework governing industrial relations in Australia and whether it meets the criteria for approval under the Fair Work Act 2009.

The key legal issues the court needed to address include the adequacy of the agreement in terms of its compliance with the Fair Work Act, whether the agreement provides for fair and reasonable terms and conditions for employees, and whether it adheres to the principles of good faith bargaining. The court also had to consider whether the agreement appropriately balances the interests of both employers and employees and if it appropriately reflects the industrial relations environment.

The Fair Work Commission, in assessing the agreement, focused on several factors. It examined the terms and conditions outlined in the agreement to ensure they met the standards of fairness and reasonableness. The court also evaluated whether the agreement was the product of genuine negotiations between the parties and whether it was in line with the broader objectives of the Fair Work Act. After thorough consideration, the court concluded that the proposed agreement met the necessary criteria for approval. The terms were found to be fair and reasonable, and the agreement was deemed to be reflective of good faith bargaining. Therefore, the application for approval was successful.

In summary, the Fair Work Commission approved the Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022, finding it to be compliant with the statutory requirements and appropriately balanced in its terms and conditions.

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