DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/410)

THE TRUSTEE FOR THE RYAN FAMILY TRUST T/AS RYFIX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MARCH 2020

Application for approval of The Trustee for the Ryan Family Trust T/As Ryfix Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for the Ryan Family Trust T/As Ryfix Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 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 10 March 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 parties involved in the matter were The Trustee for the Ryan Family Trust trading as Ryfix Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was regarding the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The matter was heard by the Fair Work Commission. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address included whether the agreement was a genuine enterprise agreement, whether it adhered to the requirements outlined in the Fair Work Act, and if the agreement was fairly and appropriately negotiated. Additionally, the Commission had to consider whether the agreement complied with the provisions concerning the protection of employees' rights and interests.

The Commission meticulously examined the evidence and submissions provided by both parties. It found that the agreement was genuinely negotiated and met the statutory criteria. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both employers and employees. The agreement was approved as it complied with all relevant provisions of the Fair Work Act. The Commission also noted that the agreement provided adequate protection for employees' rights and interests.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The decision was made based on the evidence and submissions presented by both parties, and the agreement was found to meet the necessary criteria under the Fair Work Act. The Commission was satisfied that the agreement was fairly negotiated and appropriately protected the rights and interests of employees.

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