DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4474)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2016

Application for approval of the Research Constructions (Vic) 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 Research Constructions (Vic) 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 27 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Enterprise Agreement between Research Constructions (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The union argued for the approval of the agreement, while the employer sought modifications to certain provisions.

The legal issues the Commission had to address included whether the agreement provided for a fair and efficient system of classification and remuneration, whether it adequately protected employees' rights and interests, and whether it complied with the provisions of the Fair Work Act. The Commission needed to ensure that the agreement did not undermine the protection of employees' rights and did not have an adverse effect on the broader industrial relations system.

The Fair Work Commission found that the agreement met the criteria for approval. It considered that the agreement provided for a fair and efficient system of classification and remuneration, and that it adequately protected employees' rights and interests. The Commission was satisfied that the agreement did not have an adverse effect on the broader industrial relations system. Therefore, the Commission approved the Enterprise Agreement.

The Commission's approval of the Enterprise Agreement means that it is now legally binding on the parties and enforceable under the Fair Work Act. The agreement sets out the terms and conditions of employment for employees of Research Constructions (Vic) Pty Ltd covered by the agreement. The approval of the agreement provides certainty and stability to the industrial relations relationship between the parties and helps to promote harmonious workplace relations.

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