DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5310)

RB&A BY DESIGN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 16 OCTOBER 2018

Application for approval of the RB&A BY DESIGN PTY LTD 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 RB&A BY DESIGN PTY LTD 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 23 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RB&A BY DESIGN PTY LTD. The dispute centred around the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This matter was heard by the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issues that the court needed to decide were whether the Enterprise Agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The court was tasked with ensuring that the agreement met the statutory requirements and that it did not disadvantage the employees. The court also had to consider whether the agreement provided for the fair and equitable treatment of employees, including their rights, obligations, and benefits.

The Fair Work Commission found that the Enterprise Agreement was compliant with the Fair Work Act 2009 and was in the best interests of the employees. The court considered the evidence presented by both parties and concluded that the agreement met the statutory requirements. The court also found that the agreement provided for the fair and equitable treatment of employees, including their rights, obligations, and benefits. The court further noted that the agreement had been negotiated in good faith and that it provided for a reasonable balance between the interests of the employees and the employer.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to certain conditions. The parties were required to provide further information and documentation to the commission within a specified timeframe. The final orders of the court included the approval of the agreement, subject to the conditions, and the requirement for the parties to provide additional information and documentation to the commission.

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