DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6517)

RESOLUTION RIGGING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the Resolution Rigging Services Pty Ltd / CFMEU Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Resolution Rigging Services Pty Ltd / CFMEU Collective Agreement (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 12 January 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Rigging Services Pty Ltd. The agreement related to the employment conditions of Rigging Services' employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine bargain between the parties, if it provided for the fair treatment of employees, and if it complied with other relevant provisions of the Act. The CFMEU argued that the agreement was a fair and genuine bargain, while Rigging Services contended that certain provisions were not bona fide and were instead included to secure union membership.

The Commission found that the collective agreement was a genuine bargain, as it was negotiated in good faith and provided for the fair treatment of employees. The CFMEU demonstrated that the agreement's provisions were reasonable and necessary for the protection of the employees' interests. The Commission was satisfied that the union membership provisions were not included for an improper purpose and did not render the agreement invalid. As a result, the Commission approved the collective agreement.

The Fair Work Commission approved the Rigging Services Pty Ltd / CFMEU Collective Agreement, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

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