DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1790)

CARMAR RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the Carmar Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Carmar Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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, 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, 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 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Carmar Rigging Pty Ltd for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the proposed agreement, which outlined terms and conditions of employment for workers, complied with the provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with reviewing the agreement to ensure it met the necessary criteria for approval.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated, whether it provided for the efficient and productive organisation of the workplace, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the 'better off overall test' and if it provided for appropriate mechanisms for dispute resolution.

In delivering its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated and met the 'better off overall test'. The Commission also concluded that the agreement provided for an efficient and productive organisation of the workplace and complied with the provisions of the Fair Work Act. The Commission noted that the agreement included provisions for dispute resolution and provided for a transparent process for addressing any issues that might arise. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Carmar Rigging Pty Ltd and CFMEU Union Collective Agreement 2015-2019. This decision provides guidance to employers and unions on the requirements for a collective agreement under the Fair Work Act and the importance of genuine negotiation and compliance with the Act. The approval of this agreement demonstrates the Commission's commitment to facilitating effective bargaining and ensuring that workers are protected under fair and reasonable terms and conditions of employment.

Construction, Forestry, 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