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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union to amend an existing enterprise agreement to eliminate ambiguity and uncertainty. The union sought to clarify the terms of the agreement to ensure better understanding and enforcement among the parties involved. The case was heard by Commissioner J.S. Del Monaco.

The legal issues that the Commission was required to address included whether the proposed changes were necessary to remove ambiguity, and if so, whether the changes were consistent with the relevant legislative framework. The union argued that the existing terms were too vague and led to disputes, while the employer contended that the changes proposed were not necessary and could potentially disrupt the agreement's balance. The Commission had to determine whether the proposed amendments were both necessary and consistent with the Fair Work Act 2009.

In its decision, the Commission acknowledged that the existing agreement contained ambiguous terms that could lead to disputes. The proposed changes were deemed necessary to provide clarity and reduce uncertainty. The Commission found that the changes aligned with the objectives of the Fair Work Act, which aims to facilitate cooperative and productive workplace relations. Consequently, the Commission approved the application to vary the enterprise agreement. The final orders included the specific amendments to the agreement as proposed by the union, ensuring that the terms were clear and enforceable for all parties involved.

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