DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1951)

ROBERTSON COATINGS PTY LTD ATF THE ADAM ROBERTSON FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2019

Application for approval of the ROBERTSON COATINGS PTY LTD ATF THE ADAM ROBERTSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the ROBERTSON COATINGS PTY LTD ATF THE ADAM ROBERTSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 27 June 2019. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Robertson Coatings Pty Ltd ATF the Adam Robertson Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute was brought before the Fair Work Commission in Australia. The applicant, Robertson Coatings, sought approval of the enterprise agreement which had been negotiated with the CFMEU, aiming to regulate the terms and conditions of employment for its employees.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring that the agreement facilitates the efficient operation of the enterprise while also maintaining fair and reasonable terms and conditions for employees. The Commission had to determine if the agreement adequately balanced the interests of both the employer and the employees and whether it complied with the relevant provisions of the Act.

The Fair Work Commission found that the enterprise agreement did meet the statutory requirements. The Commission noted that the agreement had been negotiated in good faith and covered all the mandated topics as required by the Fair Work Act. It was determined that the agreement provided for fair and reasonable terms and conditions, and it was conducive to the efficient operation of the enterprise. The Commission highlighted that the agreement included provisions for flexible working arrangements, which were seen as beneficial for both parties. Consequently, the application for approval was successful, and the enterprise agreement was approved as it was deemed to be in the best interests of the employees and the employer.

As a result of the decision, the Fair Work Commission approved the Robertson Coatings Pty Ltd ATF the Adam Robertson Family Trust and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the employees of Robertson Coatings for the specified period.

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