DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3977)

ALL HOIST RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 NOVEMBER 2019

Application for approval of the All Hoist Rigging Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the All Hoist Rigging Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement between All Hoist Rigging Pty Ltd and the union. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement complied with the relevant industrial legislation and whether it met the criteria for approval. The legal issues before the Commission included whether the agreement provided for the proper operation of the enterprise, whether it met the relevant public interest considerations, and whether it was in the best interests of the employees.

The Commission found that the agreement did provide for the proper operation of the enterprise and that it met the public interest considerations. The Commission also found that the agreement was in the best interests of the employees as it provided for adequate wages and conditions, including provisions for overtime, shift penalties, and annual leave loading. The union argued that the agreement did not provide for adequate protection for employees who worked in hazardous environments. However, the Commission found that the agreement included provisions for safety and health, which were sufficient to protect employees in hazardous environments. The Commission approved the collective agreement, finding that it met the requirements of the legislation and was in the best interests of the employees.

The Commission made orders approving the collective agreement between All Hoist Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018-2019. The orders included provisions for wages and conditions, safety and health, and other employment-related matters. The orders were made in accordance with the relevant industrial legislation and were binding on both parties. The decision provides guidance for employers and unions when negotiating collective agreements and highlights the importance of including adequate provisions for safety and health in such agreements.

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