DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4585)

ROCKMAR CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Rockmar Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Rockmar Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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 28 July 2016 and, in accordance with s.54, will operate from 4 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 union, Construction, Forestry, Mining and Energy Union, sought approval of an enterprise agreement for the precast panel industry in Victoria. The respondent, Rockmar Constructions Pty Ltd, opposed the application, raising concerns about certain provisions of the agreement. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the provisions of the Enterprise Agreement were consistent with the provisions of the Fair Work Act 2009, particularly whether they complied with the statutory requirements for enterprise agreements under the Act. The Commission had to assess whether the agreement met the criteria for approval, such as whether it facilitated the improvement of workplace relations and whether it provided for the fair and efficient resolution of workplace disputes.

The Commission examined the provisions of the agreement and the submissions from both parties. It found that the agreement generally facilitated the improvement of workplace relations and provided for the fair and efficient resolution of workplace disputes. However, it identified certain provisions that were not consistent with the Act, such as those related to the classification of employees and the process for resolving disputes. After considering the submissions from both parties, the Commission determined that the agreement could be approved with modifications to certain provisions to ensure compliance with the Act. The Commission made orders approving the agreement with modifications, ensuring that it met the statutory requirements for enterprise agreements under the Fair Work Act.

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