DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5048)

WRIGHT WAY RIGGING PTY LTD T/AS EUREKA RIGGING AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 20 NOVEMBER 2018

Application for approval of the Wright Way Rigging Pty Ltd T/As Eureka Rigging and CFMMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Wright Way Rigging Pty Ltd T/As Eureka Rigging and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement between Wright Way Rigging Pty Ltd trading as Eureka Rigging and the union. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the collective agreement was in the public interest and met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement appropriately balanced the interests of employers and employees, and whether it provided for the fair and efficient resolution of workplace issues.

The Commission undertook a detailed analysis of the provisions of the collective agreement, considering factors such as the clarity and accessibility of the terms, the fairness of the dispute resolution mechanisms, and the impact of the agreement on the productivity and efficiency of the workplace. The Commission also considered submissions from both the union and the employer, as well as the views of other interested parties. The Commission found that the agreement was fair and balanced, and met the requirements for approval under the Act. The Commission approved the collective agreement, subject to certain modifications to address minor concerns about the clarity of some provisions.

The Commission's decision provides guidance to employers and unions on the requirements for an approved collective agreement under the Fair Work Act. The decision also highlights the importance of ensuring that collective agreements are fair and balanced, and provide for the efficient resolution of workplace issues. The final orders included the approval of the collective agreement, with modifications to certain provisions to address the Commission's concerns about clarity.

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