Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6201

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5326)

National Rigging Services Pty Ltd / CFMEU Greenfield Agreeement 2018

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 5 OCTOBER 2018

Application for approval of the National Rigging Services Pty Ltd / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the National Rigging Services Pty Ltd / CFMEU Greenfield Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 12 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 involved an application for the approval of a Greenfield Agreement between the National Rigging Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was heard in the Fair Work Commission. The central legal issues were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it provided a fair and efficient workplace agreement for the employees. The court had to assess the agreement against the provisions of the Fair Work Act, focusing on whether it complied with the good faith bargaining requirement, the public interest test, and whether it provided an efficient, equitable, and bargainable agreement.

The Commission found that the agreement was the result of good faith bargaining and satisfied the public interest test. It was determined that the agreement provided a fair and efficient framework for the employees, as it established clear and comprehensive terms that addressed various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The court highlighted the importance of the agreement in providing a structured environment that fostered industrial peace and efficiency. The Commission approved the agreement, recognising its benefits to both employers and employees in the rigging services industry.

In summary, the Fair Work Commission approved the National Rigging Services Pty Ltd / CFMEU Greenfield Agreement 2018. The decision underscored the importance of good faith bargaining and the public interest test in the approval of workplace agreements. The approved agreement was deemed to provide a fair and efficient framework for the employees, ensuring compliance with the statutory requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established