DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/139)

ROCKTOWN PR PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the ROCKTOWN PR PTY LIMITED 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 ROCKTOWN PR PTY LIMITED 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 11 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicants in this case were Rocktown PR Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter before the court was an application for the approval of the Enterprise Agreement between the parties, dated 2016-2018. The court involved in this matter was the Fair Work Commission, as it is the appropriate body for resolving disputes and making decisions related to enterprise agreements under Australian labour law.

The legal issues that the court had to decide included whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. This involved examining whether the agreement covered the necessary aspects, such as minimum wages, penalty rates, and other conditions of employment. The court also needed to determine if the agreement had been made in good faith and whether it provided for a proper process for resolving disputes. Additionally, the court had to consider if the agreement would have a detrimental effect on the employees covered by it, as well as whether it provided for a fair and reasonable process for dealing with individual employees.

The court examined the various provisions of the enterprise agreement, considering the requirements set out in the Fair Work Act 2009. It found that the agreement complied with the necessary statutory requirements and was made in good faith. The court also determined that the agreement did not have a detrimental effect on the employees and provided for a fair and reasonable process for resolving disputes. As a result, the court approved the enterprise agreement between Rocktown PR Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016-2018.

In light of the court's findings, it approved the enterprise agreement between the parties, allowing it to come into effect and be binding on the employees covered by it. This decision ensured that the terms and conditions of employment agreed upon by the parties would be legally enforceable, providing certainty and stability for both the employer and the 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