DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5009)

R & J SUTHERLAND PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the R & J Sutherland 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 R & J Sutherland 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 15 August 2016 and, in accordance with s.54, will operate from 22 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMU), sought approval for the R & J Sutherland Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 in the Fair Work Commission. The respondent, R & J Sutherland Pty Ltd, contested the approval on the grounds that the agreement was not in the best interests of the employees. The dispute revolved around several provisions within the agreement, including pay rates, hours of work, and specific workplace conditions.

The central legal issue before the Commission was whether the provisions of the enterprise agreement were fair and reasonable in all aspects, and whether they served the best interests of the employees. This involved examining the fairness of the agreement in terms of its compliance with relevant legislative frameworks, such as the Fair Work Act 2009, and its alignment with the principles of procedural and substantive fairness.

In delivering the decision, the Commission examined each contested provision of the agreement. It found that while some clauses did not adequately protect employee interests, others were fair and reasonable. The Commission determined that the overall agreement was in the best interests of the employees, considering the balance of the provisions and their alignment with fair work principles. The Commission approved the enterprise agreement, subject to certain conditions and modifications to address the identified concerns.

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