DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3355)

RAMSAY CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the RAMSAY CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of a greenfields agreement known as the RAMSAY CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made by Construction, Forestry, Maritime, 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, Maritime, Mining and Energy Union is 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, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for approval of the Ramsay Cranes Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, a registered organisation, was seeking approval of the agreement for the purposes of the Fair Work Act 2009. The respondent, Ramsay Cranes Pty Ltd, opposed the application. The primary issue before the Commission was whether the agreement met the procedural and substantive requirements for approval under the Act.

The Commission examined the procedural fairness of the bargaining process, ensuring that the agreement had been genuinely negotiated between the parties, and that the employee representatives had been appropriately chosen. The Commission also considered the substantive content of the agreement, assessing whether the agreement provided for terms and conditions of employment that were fair and reasonable. In reaching its decision, the Commission gave weight to the fact that the agreement had been negotiated in good faith and that it contained provisions that were consistent with the objects of the Act, including provisions for minimum wages, entitlements, and dispute resolution mechanisms.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement had been genuinely negotiated and met the requirements for approval under the Act. The Commission approved the agreement, noting that it contained provisions that were fair and reasonable, and that it provided for a fair and efficient workplace. The Commission also made an order that the agreement be registered and have effect as a registered agreement from the date of the decision.

In summary, the Commission approved the Ramsay Cranes Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met the procedural and substantive requirements for approval under the Fair Work Act 2009. The decision provides guidance on the factors that the Commission will consider when assessing the validity of an enterprise 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