DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4747)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the Raintight Solutions 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 Raintight Solutions 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 10 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Enterprise Agreement between Raintight Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The employer, Raintight Solutions Pty Ltd, did not oppose the application, but raised several issues regarding the fairness of certain provisions of the agreement. The CFMEU, on the other hand, argued that the provisions were fair and should be approved.

The central legal issues before the court were whether the provisions of the enterprise agreement were fair and reasonable, and whether they met the criteria set out in the Fair Work Act 2009. The court needed to examine each provision in question to determine whether it was fair and reasonable, taking into account the relevant factors outlined in the Act. These factors included the nature of the work, the nature of the parties, and the circumstances of the enterprise.

After carefully considering the arguments presented by both parties and examining the provisions in question, the court found that the provisions were fair and reasonable. The court noted that the provisions were necessary to ensure the safety and well-being of the employees, and that they did not impose any undue burden on the employer. The court also found that the provisions were consistent with the principles of the Fair Work Act and did not undermine the broader objectives of the Act.

As a result, the court approved the enterprise agreement between Raintight Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The court noted that the agreement provided a fair and reasonable outcome for both parties, and that it was consistent with the principles of the Fair Work Act. The court also noted that the agreement would provide a stable and predictable industrial environment for the employees and the employer, which was in the best interests of all parties involved.

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