DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2096)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2018

Application for approval of the Regal Innovations 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 Regal Innovations 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 June 2018 and, in accordance with s.54, will operate from 14 June 2018 . The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Regal Innovations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009, particularly regarding the protection of employees' minimum entitlements and the process by which the agreement was reached.

The legal issues before the Commission were multifaceted. Primarily, the Commission needed to determine if the agreement provided for the protection of employees' minimum entitlements, including minimum wages, penalty rates, leave entitlements, and notice of termination or redundancy. Additionally, the Commission had to assess whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, ensuring that there was genuine bargaining between the parties and that the agreement was not made under duress or coercion.

In its decision, the Commission found that the Enterprise Agreement did indeed protect employees' minimum entitlements as required by the Act. It noted that the agreement provided for wage increases and maintained existing penalty rates and leave entitlements, which aligned with the minimum standards set by the relevant awards. The Commission also determined that the agreement was the product of genuine bargaining, as evidenced by the negotiation process and the presence of independent witnesses. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the statutory requirements.

The Commission's final orders included the approval of the Enterprise Agreement between Regal Innovations Pty Ltd and the CFMEU (Victorian Construction and General Division) for the specified period. This approval meant that the agreement would be registered and would legally bind both parties, setting the terms and conditions of employment for the duration of the 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