DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3345)

RANGEDALE SOLUTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2016

Application for approval of the Rangedale Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rangedale Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 13 June 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Rangedale Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute related to the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. This case was heard by the Fair Work Commission of Australia.

The primary legal issue before the court was whether the Fair Work Act 2009 mandated the approval of the enterprise agreement between Rangedale Solutions Pty Ltd and the CFMEU, considering the agreement's compliance with the statutory requirements and the process followed for its negotiation and approval. Additionally, the court needed to determine if the agreement met the criteria for "better off overall" and whether the necessary procedural fairness was observed during its negotiation.

The Fair Work Commission examined the evidence provided by both parties and concluded that the agreement met all statutory requirements under the Fair Work Act 2009. The court found that the agreement was negotiated in good faith and that the process followed was procedurally fair. Furthermore, the commission was satisfied that the agreement provided employees with a better overall outcome compared to their previous conditions of employment. Consequently, the Fair Work Commission approved the Rangedale Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

The Fair Work Commission's decision was that the enterprise agreement was approved and would come into effect from the date of the decision. The commission ordered that the agreement be registered with the Fair Work Ombudsman, and both parties were directed to comply with its terms. The approval of the agreement was subject to any applicable legal challenges or appeals within the specified timeframe.

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