DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/50)

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, 20 JANUARY 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 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 20 January 2016 and, in accordance with s.54, will operate from 27 January 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 concerned an application for approval of a collective agreement between M & B Rigging Australia T/A M & B Rigging Australia and the Construction, Forestry, Mining and Energy Union (CFMEU). The primary dispute revolved around whether the terms and conditions set forth in the proposed agreement were fair and appropriate for the employees represented by the union. The case was adjudicated by the Fair Work Commission, which is responsible for overseeing the approval and enforcement of enterprise agreements under Australian labour law.

The legal issues before the Commission included whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009, such as meeting the "better off overall test" and ensuring that the agreement did not discriminate against any group of employees. Additionally, the Commission had to assess whether the agreement provided for appropriate mechanisms for dispute resolution and if it included adequate protections for employee entitlements and working conditions.

In reaching its decision, the Fair Work Commission considered the submissions from both parties and the evidence provided. The Commission noted that the agreement contained provisions that met the "better off overall test," indicating that employees would be at least as well off under the new agreement as they were under their previous conditions. Furthermore, the Commission found that the agreement did not contain any discriminatory provisions and provided for fair dispute resolution mechanisms. Consequently, the Commission approved the collective agreement, finding that it met all necessary statutory requirements and provided appropriate protections and benefits for the employees involved.

The Fair Work Commission's final order was the approval of the CFMEU Union Collective Agreement 2015 - 2019 between M & B Rigging Australia T/A M & B Rigging Australia and the Construction, Forestry, Mining and Energy Union. The Commission's decision affirmed that the agreement was fair, complied with all relevant legal standards, and was beneficial for the employees represented by the union.

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