DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1230)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Research Carpentry 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 Research Carpentry 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 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Research Carpentry Pty Ltd. The dispute centred on the approval of the Enterprise Agreement between the two parties for the period 2016-2018. The matter was heard in the Fair Work Commission, which has jurisdiction over such agreements under the Fair Work Act 2009. The CFMEU sought approval of the agreement, while Research Carpentry contested certain aspects of the agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including whether it provided for the safety and health of employees, and whether it was fair and reasonable in all its terms. The Commission had to consider the nature of the bargaining process, the fairness of the terms and conditions, and whether the agreement met the "better off overall test," ensuring employees were no worse off than under their previous conditions.

The Commission found that the agreement was made in good faith, with adequate bargaining, and met the requirements of the Act. It was deemed to be fair and reasonable, providing for the safety and health of employees, and satisfying the better off overall test. The Commission also noted the parties' commitment to resolving disputes through the agreed processes and the overall fairness of the terms. Consequently, the Commission approved the Enterprise Agreement, finding it to be in compliance with the relevant legislative provisions.

The Fair Work Commission approved the Enterprise Agreement between Research Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The Commission's decision was based on the findings that the agreement was made in good faith, provided for the safety and health of employees, and met the better off overall test. This approval allows the agreement to be implemented, setting the terms and conditions of employment for the relevant period.

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