DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2134)

WRIGHT WAY RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 JUNE 2017

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

[1] An application has been made for approval of a greenfields agreement known as the Wright Way Rigging Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Wright Way Rigging Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The dispute arose from disagreements between the parties regarding the terms and conditions of employment for employees of Wright Way Rigging Pty Ltd, a company in the rigging industry. The CFMEU sought to have the agreement, which it had negotiated with the company, formally approved as a registered agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it contained all the prescribed terms and conditions, whether it had been made in good faith, and whether it was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement complied with the Fair Work Act’s provisions on minimum entitlements and whether it provided for appropriate mechanisms for dispute resolution.

The Commission examined the provisions of the agreement and found that it contained all the prescribed terms and conditions, including those related to wages, hours of work, and other employment-related matters. The Commission also determined that the agreement had been made in good faith and was in the best interests of the employees. Furthermore, the Commission found that the agreement provided for adequate mechanisms for the resolution of disputes between the parties. After reviewing the agreement, the Commission approved it, recognising that it met all the statutory requirements for registration.

The Commission’s decision was based on a detailed analysis of the agreement's provisions and a consideration of the broader context of the industrial relationship between the CFMEU and Wright Way Rigging Pty Ltd. The approval of the agreement ensures that the terms and conditions of employment for the employees are legally binding and recognised by the Fair Work Commission.

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