DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5203)

PARKER & MCDONALD FAMILY TRUST (THE TRUSTEE FOR) T/AS RHINO INSTALLATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Parker & McDonald Family Trust (The Trustee For) T/As Rhino Installations 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 Parker & McDonald Family Trust (The Trustee For) T/As Rhino Installations 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 5 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 matter before the Fair Work Commission involved an application for approval of the Rhino Installations and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Parker & McDonald Family Trust trading as Rhino Installations, sought the Commission's endorsement of the proposed agreement, which was negotiated between the union and the employer. The primary issue was whether the agreement met the necessary criteria under the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement.

The Commission examined the application to determine if the agreement provided fair and reasonable terms and conditions for the employees, and if it adhered to the procedural requirements for approval. Key considerations included whether the agreement was genuinely negotiated, the extent to which it complied with the Fair Work Act, and if it provided adequate protections for the employees. The Commission also had to assess if the agreement was likely to improve industrial relations between the parties and whether it adequately addressed the needs and concerns of the employees.

In its decision, the Commission noted that the agreement was the result of genuine negotiations between the parties, and it contained terms and conditions that were fair and reasonable. The Commission found that the agreement complied with the requirements of the Fair Work Act and provided adequate protections for the employees. It concluded that the agreement was likely to improve industrial relations and was in the best interests of the employees. Accordingly, the Commission approved the agreement, subject to certain conditions, including the requirement for the parties to report on its implementation and any changes to the agreement.

The Fair Work Commission approved the Rhino Installations and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to specific conditions. These conditions included the requirement for the parties to report on the agreement's implementation and any modifications. The approval was contingent upon the continued compliance with the Fair Work Act and the maintenance of fair and reasonable terms and conditions for the employees.

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