DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5393)

R2 GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) 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) 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) 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMU) and R2 Group Pty Ltd sought approval for an enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC) which is tasked with approving enterprise agreements to ensure they meet certain standards and do not negatively impact the workforce. The dispute involved whether the agreement adequately covered all the required terms and conditions and complied with the relevant legislative requirements.

The primary legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act, particularly concerning the coverage of employees and the fairness of the terms. The FWC had to assess whether the agreement was made in good faith, covered the correct bargaining unit, and included essential terms such as minimum rates of pay, classification, and penalty rates. Furthermore, the FWC had to ensure that the agreement did not adversely affect employees' existing conditions of employment.

In its decision, the FWC considered the evidence presented by both parties and examined the contents of the enterprise agreement. The FWC found that the agreement was made in good faith and covered the correct bargaining unit. It also concluded that the agreement included all the essential terms required by the Fair Work Act and did not adversely affect the employees' existing conditions. The FWC was satisfied that the agreement met the necessary standards for approval, and thus, the application was successful.

The FWC approved the enterprise agreement, allowing it to come into effect as per its terms. This decision provided legal certainty to the parties involved and established the terms and conditions of employment 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