DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4428)

RAW RECRUITMENT VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) INDIGENOUS INDUSTRY ENTRANT & TRAINING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 JULY 2016

Application for approval of the Raw Recruitment Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Raw Recruitment Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training 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 18 July 2016 and, in accordance with s.54, will operate from 25 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the Raw Recruitment Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training Enterprise Agreement 2016 - 2018. The agreement was registered on 17 July 2017. The union sought to have the agreement extended for a further period of three years. Raw Recruitment Vic Pty Ltd opposed the application. The union argued the agreement should be approved on the basis that it was in the best interests of the employees covered by the agreement and that the agreement contained all the terms and conditions required under the Fair Work Act 2009. Raw Recruitment Vic Pty Ltd opposed approval on the basis that the agreement was not in the best interests of the employees and that the union had not demonstrated that the agreement was necessary to facilitate workplace flexibility and productivity.

The Commission found that the agreement was in the best interests of the employees covered by the agreement. It found that the agreement contained all the terms and conditions required under the Fair Work Act 2009. The Commission considered it appropriate to make an order approving the agreement as it was in the best interests of the employees and contained all the terms and conditions required under the Fair Work Act 2009. The agreement was approved from 17 July 2018 for a period of three years.

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