Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/463)

NATIONAL RIGGING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 MAY 2023

Application for variation of the National Rigging Services Pty Ltd/CFMEU Collective Agreement 2019-2022

An application has been made for approval of a variation to the National Rigging Services Pty Ltd/CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title National Rigging Services Pty Ltd/CFMEU Collective Agreement 2019-2022 with the following:

National Rigging Services Pty Ltd/CFMEU Collective Agreement 2019-2023

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 2 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and National Rigging Services Pty Ltd regarding the variation of their collective agreement for the period 2019-2022. The application was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes in Australia.

The primary legal issue before the court was whether the application for variation of the collective agreement met the statutory requirements and was in the interests of fairness and equity. This involved assessing the procedural fairness of the application process, the reasonableness of the proposed changes, and the potential impact of the changes on the parties involved.

The court found that the application was procedurally fair and the proposed changes were reasonable. It was noted that the changes aimed to address emerging industry practices and maintain the competitiveness of National Rigging Services Pty Ltd. The court also considered the importance of maintaining harmonious industrial relations and concluded that the proposed changes would not unduly prejudice the rights or interests of the employees or the union. The application for variation was therefore approved.

The Fair Work Commission ordered that the National Rigging Services Pty Ltd/CFMEU Collective Agreement 2019-2022 be varied as per the terms outlined in the application. The changes were to be implemented immediately, and both parties were directed to take all necessary steps to give effect to the varied agreement. The decision was made in the interest of ensuring a fair and equitable resolution to the dispute, maintaining industrial harmony, and adapting to changes in the industry.

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