DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/758)

RDS CONSTRUCTION (VIC) PTY LTD AND CFMEU (VICTORIA) PLASTERING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2020

Application for approval of the RDS CONSTRUCTION (VIC) PTY LTD and CFMEU (Victoria) Plastering Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the RDS CONSTRUCTION (VIC) PTY LTD and CFMEU (Victoria) Plastering Enterprise Agreement 2019-2020 (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, 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 3 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the RDS Construction (Vic) Pty Ltd and CFMEU (Victoria) Plastering Enterprise Agreement 2019-2020, which was brought before the Fair Work Commission. The applicant, RDS Construction (Vic) Pty Ltd, sought approval for the enterprise agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Victoria Branch. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for approval, and if it contained terms and conditions that were fair and reasonable. This involved assessing whether the agreement was genuinely negotiated, whether it was accompanied by the necessary certificates, and if the terms and conditions of the agreement were fair and reasonable in all respects.

The Commission found that the agreement was genuinely negotiated and contained the required certificates of genuineness. It also determined that the agreement was fair and reasonable. The Commission considered the evidence presented by both parties and examined the terms and conditions of the agreement to ensure they were not detrimental to the employees or employers. The Commission concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees and employers involved.

The Fair Work Commission approved the RDS Construction (Vic) Pty Ltd and CFMEU (Victoria) Plastering Enterprise Agreement 2019-2020, making it a legally binding agreement between the parties. The Commission's decision was based on its findings that the agreement was genuinely negotiated, accompanied by the necessary certificates, and contained fair and reasonable terms and conditions. The approval of the enterprise agreement would provide a stable and predictable workplace for both employees and employers, with the terms and conditions set out in the agreement.

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