DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6785)

RAFFERTY THE WRECKER PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 AUGUST 2021

Application for approval of the RAFFERTY THE WRECKER PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the RAFFERTY THE WRECKER PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 (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, Maritime, 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, Maritime, 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 7 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Rafferty the Wrecker Pty Ltd, a subcontractor. The dispute centred around the approval of the Subcontractors Demolition Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission of Australia. The core legal issues addressed by the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it contained any terms that were unfair or not genuinely agreed upon by the parties.

The court examined the terms of the agreement to ensure they adhered to the relevant provisions of the Fair Work Act. It considered whether the agreement was genuinely negotiated and whether it contained minimum terms as stipulated by the Act. The court also assessed the fairness of the agreement's terms, taking into account the bargaining power of the parties and whether the terms were reasonable in the context of the industry. The decision hinged on whether the agreement complied with the legal standards for fairness and genuine agreement.

The Fair Work Commission found that the agreement met the statutory requirements and was genuinely negotiated between the parties. The court determined that the terms of the agreement were fair and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Subcontractors Demolition Enterprise Agreement 2020-2023, allowing it to come into effect as a binding agreement between Rafferty the Wrecker Pty Ltd and the CFMEU. The court's decision was based on the thorough examination of the agreement's terms and the conclusion that it complied with all necessary legal standards.

Construction, Forestry, Maritime, 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