DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5478)

JD'S RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 OCTOBER 2018

Application for approval of the JD's Rigging Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JD’s Rigging Pty Ltd / CFMEU Collective Agreement 2018 (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 18 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between JD’s Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, titled the JD’s Rigging Pty Ltd / CFMEU Collective Agreement 2018, was proposed for registration under the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the necessary legal standards for registration, including whether it was made in good faith and whether it provided for a safety net of minimum terms and conditions.

The central legal issues the Commission had to resolve were whether the agreement contained all the prescribed minimum terms, whether it had been made in good faith, and whether it was fair and reasonable in all its circumstances. The Commission needed to determine if the agreement provided for a safety net of minimum terms and conditions and if it was free from any provisions that were contrary to public policy or that undermined the spirit of the Fair Work Act.

In delivering its decision, the Commission found that the agreement contained all the prescribed minimum terms and conditions, and it was made in good faith. The Commission was satisfied that the agreement provided for a safety net of minimum terms and conditions that protected the employees' rights and interests. The Commission concluded that the agreement was fair and reasonable and did not contain any provisions that were contrary to public policy or that undermined the spirit of the Fair Work Act. Therefore, the Commission approved the application for the registration of the agreement.

As a result of the Commission’s decision, the JD’s Rigging Pty Ltd / CFMEU Collective Agreement 2018 was registered under the Fair Work Act 2009, and it became a legally binding agreement between the employer and the union. This registration ensured that the agreement would be enforced in accordance with the provisions of the Act and that it would provide a framework for the fair and reasonable resolution of any disputes that might arise between the parties in the future.

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