Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 7931

[2019] FWCA 7931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2259)

RIGGING PTY LTD T/AS EURKEA RIGGING AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 DECEMBER 2019

Application to vary an enterprise agreement to remove ambiguity or uncertainty

[1] An application has been made pursuant to section 217 of the Fair Work Act 2009 (the Act) to vary the Rigging Pty Ltd T/As Eurkea Rigging Australia and CFMEU Union Collective Agreement 2018-2019 (the Agreement)to remove ambiguity or uncertainty.

[2] The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement covers the CFMMEU and Rigging Pty Ltd (the Employer). The Employer has advised the Fair Work Commission that it supports the application to vary the agreement to remove ambiguity or uncertainty.

[3] Section 217 of the Act provides the following:

“217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;
(b) an employee covered by the agreement;
(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[8] As I have already indicated above, the CFMMEU is an employee organisation covered by the Agreement and therefore has standing to make the application.

[4] I am satisfied that each of the relevant requirements in section 217 of the Act have been met.

[5] In order to remove uncertainty in relation to particular provisions of the Agreement, I order that the Agreement be varied as follows:

1. Reference to ‘Eurkea’ on the cover page, clause 11 of the Agreement and Appendix 9 be replaced with ‘Eureka.’

[6] Accordingly, the application is granted and the variation, as sought, will operate from today. The version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504356  PR714473>