DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3497)

MACQUARIE RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 8 OCTOBER 2018

Application for approval of the Macquarie Rigging Pty Ltd and CFMEU 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 Macquarie 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). 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 15 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Macquarie Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement for the years 2018-2019. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval, specifically whether it contained terms that were against the public interest or not in the best interests of the employees.

The primary legal issue before the Commission was whether the terms of the collective agreement were fair and reasonable, taking into account the public interest and the interests of the employees. The Commission had to consider the balance between the rights of employers to manage their business and the rights of employees to have fair working conditions. The CFMEU argued that the terms of the agreement were necessary to ensure fair working conditions and protect employees from exploitation, while Macquarie Rigging Pty Ltd contended that some provisions were overly restrictive and detrimental to the efficient operation of their business.

In its decision, the Fair Work Commission examined each clause of the agreement, assessing whether they aligned with the principles of fairness and reasonableness. The Commission found that while some provisions did impose restrictions on the employer, they were necessary to protect employees' rights and ensure fair working conditions. The Commission determined that the overall agreement was not against the public interest and was in the best interests of the employees, granting approval for the collective agreement. The Commission's decision emphasised the importance of maintaining a balance between the rights of employers and employees, and its willingness to consider the specific circumstances of each case.

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