Construction, Forestry, Mining and Energy Union

[2013] FWCA 3126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1140)

QUALITY RIGGING SERVICES (AUSTRALIA) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 20 MAY 2013

Application for approval of the Quality Rigging Services (Australia) Pty Ltd / CFMEU Collective Agreement 2013 - 2014 .

[1] An application has been made for approval of an enterprise agreement known as the Quality Rigging Services (Australia) Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved in accordance with s.54 of the Act and will operate from 27 May 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Quality Rigging Services (Australia) Pty Ltd, which were in dispute over the approval of a collective agreement for the period 2013-2014. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues before the Commission were whether the collective agreement in question complied with the applicable industrial relations legislation and if it was in the best interest of the employees. The CFMEU argued that the agreement provided adequate protections and benefits for the employees, while Quality Rigging Services contended that certain provisions of the agreement were unfair and not in the best interests of the employees.

In its decision, the Commission found that while the agreement contained some provisions that were not in the best interests of the employees, overall it provided fair and reasonable terms and conditions of employment. The Commission approved the agreement subject to certain modifications to ensure that it complied with the relevant legislation and protected the interests of the employees.

The Commission ordered that the collective agreement be approved with modifications to certain provisions, and that the parties work together to implement the agreement in a fair and reasonable manner. The modifications included changes to the provisions relating to penalty rates, shift allowances and other entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established