DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1482)

QUALITY RIGGING SERVICES (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Quality Rigging Services (Australia) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 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 matter before the Full Bench of the Fair Work Commission involved an application for the approval of a collective agreement between Quality Rigging Services (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009, including compliance with the process outlined in the relevant sections of the Act. The Full Bench was tasked with determining whether the collective agreement contained provisions that were consistent with the provisions of the Act and the Fair Work Regulations 2009.

The legal issues before the court encompassed several key areas. The primary focus was on whether the collective agreement was made in accordance with the requirements set out in the Fair Work Act, specifically regarding the process for making the agreement. This included assessing whether the agreement was made in good faith and whether the agreement met the provisions of the Act in terms of its content and implications for employees. The court also had to consider if the agreement was consistent with the principles of the national workplace relations system and if it contained any provisions that were unlawful or contrary to public policy.

The Full Bench found that the agreement did not fully comply with the requirements of the Fair Work Act. The court determined that the process for making the agreement did not meet the procedural standards mandated by the Act. Furthermore, the court found that certain provisions within the agreement contravened the principles of the national workplace relations system. The court highlighted that the agreement contained terms that were not in line with the Act, including provisions that were considered to be unlawful or contrary to public policy. Based on these findings, the Full Bench decided that the application for approval of the collective agreement should be rejected. The court's decision was grounded on the lack of compliance with the statutory process and the presence of unlawful provisions within the agreement. The Full Bench's ruling was clear in its rejection of the application, emphasising the need for compliance with the legislative framework governing collective agreements.

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