DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4814)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 AUGUST 2016

Application for approval of the Royal Stainless Installations 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 Royal Stainless Installations 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 15 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 case involves an application for approval of the Royal Stainless Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission, the federal workplace relations tribunal. The union sought approval of the enterprise agreement under the Fair Work Act 2009, arguing that it met the criteria for registration. The employer contested the application, claiming that certain provisions of the agreement were not in the best interests of the employees.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the requirements for registration under the Fair Work Act. This involved examining if the agreement had been fairly negotiated and if it met the criteria set out in section 233 of the Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it was likely to achieve a better outcome for the employees than the applicable awards and regulations.

In reaching its decision, the Commission considered the evidence and arguments presented by both parties. It examined the negotiation process, the content of the agreement, and the impact it would have on the employees. The Commission found that the agreement had been fairly negotiated and met the statutory criteria. It determined that the agreement provided for fair and reasonable terms and conditions, and that it was likely to achieve a better outcome for the employees than the applicable awards and regulations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Royal Stainless Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be fairly negotiated and meeting the statutory criteria for registration. The agreement was registered, and it became the governing document for the employment terms and conditions of the employees covered by the agreement.

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