DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1194)

RAR RIGGING PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the RAR Rigging Pty Limited / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RAR Rigging Pty Limited / CFMEU Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 3 May 2019. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the RAR Rigging Pty Limited / CFMEU Collective Agreement 2019. The applicant, RAR Rigging Pty Limited, sought the approval of the agreement under section 236 of the Fair Work Act 2009, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application but made submissions on the agreement's provisions. The nature of the dispute was the negotiation and formalisation of employment terms and conditions between the employer and the union, covering various aspects of employee representation, dispute resolution, and workplace practices.

The central legal issues the court was required to decide related to the compliance of the collective agreement with the statutory requirements set forth in the Fair Work Act. Specifically, the court needed to determine whether the agreement was made in good faith, was free from any improper conduct, and met the criteria for being a registered agreement. Additionally, the court had to consider the implications of the agreement's provisions on the employees' rights and protections under the Act, ensuring that the terms did not contravene any minimum standards prescribed by the law.

In its decision, the Fair Work Commission found that the collective agreement was made in good faith and without any improper conduct. The court examined the negotiation process and the content of the agreement, concluding that it was consistent with the statutory requirements for a registered agreement. The Commission also assessed the provisions of the agreement against the minimum standards of the Fair Work Act, determining that the terms provided fair and reasonable protections for the employees. The court approved the application for the registration of the collective agreement, confirming that it met all necessary legal criteria and would be beneficial for the parties involved.

The final orders of the Commission included the registration of the RAR Rigging Pty Limited / CFMEU Collective Agreement 2019 as a registered agreement under section 176 of the Fair Work Act. This decision provided legal certainty and clarity for both the employer and the employees, ensuring that the terms of the agreement would govern their employment relationship. The court's approval also facilitated the enforcement of the agreement's provisions, promoting a harmonious workplace and effective dispute resolution mechanisms.

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