DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6988)

RAMLER INTERNATIONAL PTY LTD ATF RAMLER INTERNATIONAL TRUST T/A RAMLER INTERNATIONAL AND CFMEU ENTERPRISE AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 MARCH 2019

Application for approval of the Ramler International Pty Ltd ATF Ramler International Trust t/a Ramler International and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ramler International Pty Ltd ATF Ramler International Trust t/a Ramler International and CFMEU Enterprise Agreement 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] I note that Clauses 20.7, 28.1, 32.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement lodged contained an error at clause 3 and 4. On 7 March 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 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

The case involves an application for the approval of an enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Ramler International Pty Ltd ATF Ramler International Trust, trading as Ramler International. The application was heard in the Fair Work Commission (FWC). The dispute centred around the fairness and validity of the proposed agreement, specifically regarding certain provisions concerning pay rates, conditions of employment, and dispute resolution mechanisms. The CFMEU sought to have the agreement approved, while Ramler International argued against certain aspects of the agreement, primarily focusing on the financial implications and potential operational constraints.

The legal issues before the FFW revolved around whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009, particularly in relation to procedural fairness and the substantive fairness of the agreement's terms. The FWC had to consider whether the agreement was genuinely negotiated, if the parties had genuinely attempted to reach an agreement, and whether the agreement contained terms that were fair and reasonable. The FWC also needed to assess the impact of the agreement on the employees covered by it, including whether the agreement provided for a better outcome for the employees than the applicable award or registered agreement.

After careful consideration of the submissions and evidence presented by both parties, the FWC found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The FWC determined that the agreement provided for better outcomes for the employees, including improved pay rates and conditions of employment. The FWC was satisfied that both parties had genuinely attempted to reach an agreement and that the agreement met the statutory requirements under the Fair Work Act 2009. Consequently, the FWC approved the 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