DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5040)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 17 AUGUST 2016

Application for approval of the Rigcon 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 Rigcon 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. 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, 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 17 August 2016 and, in accordance with s.54, will operate from 24 August 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 parties involved in the dispute were the Construction, Forestry, Mining and Energy Union (CFMEU) and Rigcon Pty Ltd, a company operating in the construction industry. The matter was brought before the Fair Work Commission, which was tasked with determining the approval of an Enterprise Agreement between the parties for the period 2016-2018. The key issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The Commission first considered whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act. It was found that the agreement had been made through proper bargaining processes and that the parties had complied with the necessary steps. The Commission also examined whether the agreement met the substantive requirements of the Act, including provisions on minimum wages, penalty rates, and other conditions of employment. The Commission was satisfied that the agreement complied with these requirements and provided fair and reasonable terms for the employees.

Having considered the evidence and arguments presented by the parties, the Commission approved the Enterprise Agreement. The Commission found that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment, while also meeting the needs of the employer. The approval of the agreement was seen as a positive outcome for both parties, as it provided certainty and stability in the workplace and avoided potential industrial disputes.

The Fair Work Commission approved the Rigcon Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision provided clarity and certainty for both parties and helped to avoid potential industrial disputes. The Commission's approval of the agreement demonstrated its commitment to facilitating fair and reasonable outcomes for employees and employers in the construction industry.

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