Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1193)

OPERATORS AND RIGGERS PTY LTD AND CFMEU ACT CRANE AND RIGGING SECTOR ENTERPRISE AGREEMENT (ACT) 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2023

Application for approval of the Operators and Riggers Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021.

An application has been made for approval of an enterprise agreement known as the Operators and Riggers Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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 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 16 May 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and Operators and Riggers Pty Ltd, concerning the approval of a sector enterprise agreement. The case was heard in the Fair Work Commission. The union sought to have the enterprise agreement approved, while the company argued against its approval. The primary legal issue before the commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was fairly negotiated, provided for a genuine safety net, and did not undermine the safety net.

The Fair Work Commission considered the arguments from both parties, examining the negotiation process and contents of the enterprise agreement. The commission determined that the agreement was fairly negotiated and did not undermine the safety net. However, it found that the agreement did not provide for a genuine safety net, as it contained provisions that were below the minimum standards set by the Fair Work Act. Consequently, the commission decided to reject the application for approval of the enterprise agreement.

In reaching its decision, the Fair Work Commission emphasised the importance of enterprise agreements meeting the legislative requirements to ensure fair and safe working conditions. The commission's ruling highlighted the need for agreements to provide for a genuine safety net and not fall below the minimum standards. The final outcome was that the enterprise agreement was not approved, and the application was dismissed. This decision underscores the importance of compliance with the Fair Work Act in the negotiation and approval of enterprise agreements.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established