DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1846)

RT & CJ INGLIS FAMILY TRUST (THE TRUSTEE FOR) T/AS INGLIS CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2018

Application for approval of the RT & CJ Inglis Family Trust (The Trustee for) T/As Inglis Construction 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 RT & CJ Inglis Family Trust (The Trustee for) T/As Inglis Construction 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 May 2018 and, in accordance with s.54, will operate from 29 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Inglis Construction Pty Ltd sought approval for an enterprise agreement. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) contested the application, arguing that the agreement did not adequately address several issues, including those related to the protection of employees' rights and workplace conditions. The Commission was tasked with determining whether the agreement met the necessary standards and requirements set forth by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the CFMEU argued that the agreement failed to adequately protect employees in terms of wages, hours of work, and other conditions of employment. The Commission needed to examine whether the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees. Additionally, the CFMEU contended that the agreement did not sufficiently address the protection of employees' rights during periods of transition or change within the company.

After reviewing the evidence and submissions presented by both parties, the Commission found that the enterprise agreement did not adequately protect employees' rights and conditions of employment. The Commission determined that the agreement fell short in several key areas, including wage rates and the protection of employees' rights during periods of transition or change. Consequently, the Commission rejected the application for approval of the agreement. The decision emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, protecting the rights of both employers and employees.

The Commission's decision resulted in the rejection of the proposed enterprise agreement. The Commission directed the parties to continue negotiations to reach an agreement that met the necessary standards and requirements set forth by the Fair Work Act. This case highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, protecting the rights of both employers and 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