DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3856)

RATEL FAMILY TRUST (THE TRUSTEE FOR) T/AS A OK BROTHERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the RATEL FAMILY TRUST (THE TRUSTEE FOR) T/As A OK BROTHERS 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 RATEL FAMILY TRUST (THE TRUSTEE FOR) T/As A OK BROTHERS 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. 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 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union and the Ratel Family Trust trading as A Ok Brothers Pty Ltd. The dispute was regarding the application for the approval of the Enterprise Agreement between the two parties for the period 2016 to 2018. The Fair Work Commission was the court in this instance. The central legal issue that the Commission had to decide was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Commission examined the fairness of the agreement, the process through which it was formed, and whether it complied with the legislative requirements. The Commission assessed if the agreement was in the best interests of the employees, and if it provided for fair and reasonable terms and conditions of employment. The Commission also considered the impact of the agreement on the employees, the employer, and the industry as a whole.

After reviewing the evidence presented by both parties and considering the relevant legislative provisions, the Commission concluded that the Enterprise Agreement was fair and reasonable. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and that it was in the best interests of the employees. The Commission also found that the agreement was formed through a genuine bargaining process, and that it complied with the legislative requirements.

The Fair Work Commission approved the Enterprise Agreement between the Construction, Forestry, Mining and Energy Union and the Ratel Family Trust trading as A Ok Brothers Pty Ltd for the period 2016 to 2018. The Commission found that the agreement was fair and reasonable, and that it complied with the relevant legislative provisions.

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