DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5390)

R2 GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the R2 Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the R2 Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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, 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, 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 12 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Concrete Sawing and Drilling Enterprise Agreement between the R2 Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the agreement's coverage of employees and its adherence to the principles of good faith bargaining and proper representation.

The primary legal issues addressed by the Commission were whether the agreement was genuinely a product of genuine bargaining and whether it properly represented the interests of the employees. The Commission had to determine if the agreement was made in good faith, if it was a genuine enterprise agreement, and if the union had appropriately represented its members. Additionally, the Commission considered whether the agreement met the criteria for approval, including its compliance with minimum wages and conditions, and whether it unfairly disadvantaged any group of employees.

In reaching its decision, the Commission noted that the agreement was the result of negotiations between the union and the employer, and it had been supported by the majority of the employees. The Commission found that the union had genuinely represented its members and that the agreement was a genuine enterprise agreement. It was determined that the agreement met the necessary criteria for approval, including adherence to minimum wages and conditions, and it did not unfairly disadvantage any group of employees. Consequently, the Commission approved the agreement, finding it to be a fair and reasonable document that appropriately reflected the terms and conditions of employment for the relevant workforce.

The Fair Work Commission approved the Concrete Sawing and Drilling Enterprise Agreement between R2 Group Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The decision was based on the finding that the agreement was genuinely a product of good faith bargaining and properly represented the interests of the employees. The Commission found that the agreement met all statutory requirements, including compliance with minimum wages and conditions, and did not unfairly disadvantage any group of employees. The approval was effective from the date of the decision, and the agreement became a binding enterprise agreement for the specified period.

Construction, Forestry, 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