DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1038)

THE TRUSTEE FOR M & B RIGGING AUSTRALIA T/A M & B RIGGING AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of The Trustee for M & B Rigging Australia T/A M & B Rigging Australia and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for M & B Rigging Australia T/A M & B Rigging Australia 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 the 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 16 May 2016 and, in accordance with s.54, will operate from 23 May 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 case involved an application for the approval of a collective agreement between The Trustee for M & B Rigging Australia T/A M & B Rigging Australia and the Construction, Forestry, Mining and Energy Union. The matter was heard by the Fair Work Commission, which has jurisdiction over disputes relating to workplace relations and collective bargaining agreements in Australia. The central issue before the Commission was whether the proposed collective agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues revolved around whether the collective agreement was consistent with the statutory requirements for approval, including whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations. The Commission had to consider whether the agreement contained provisions that were contrary to public policy, whether it included adequate protections for employees, and whether it was fair and reasonable in all its terms. The parties presented arguments on the interpretation and application of these legal standards, with the Commission required to carefully evaluate the agreement's provisions in light of the relevant legislation.

The Fair Work Commission found that the collective agreement was generally consistent with the statutory requirements for approval. The Commission noted that while some provisions in the agreement required modification to ensure compliance with the Fair Work Act, these changes could be made without fundamentally altering the agreement's purpose or intent. The Commission made specific orders for the amendment of certain clauses to address the identified issues and confirmed that, with these changes, the agreement would meet the necessary legal standards. As a result, the Commission approved the collective agreement with the stipulated modifications.

The final orders of the Commission included the approval of the collective agreement subject to the modifications required by the Commission's decision. The parties were directed to implement the necessary changes to the agreement within a specified timeframe and to provide evidence of compliance to the Commission. The decision provided clarity on the application of the Fair Work Act to the collective agreement, ensuring that it would operate within the legal framework governing industrial relations in Australia.

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