DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1162)

RAMVEK PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Ramvek Pty Ltd and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise Agreement known as the Ramvek Pty Ltd and CFMEU Union Collective Agreement 2014-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with reviewing and approving a proposed collective agreement between Ramvek Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question covers the period from 2014 to 2018 and seeks to outline the terms and conditions of employment for the employees of Ramvek Pty Ltd. The nature of the dispute centred around the compliance of the proposed agreement with the relevant industrial laws and the extent to which it met the standards set for fairness and equity in the workplace.

The key legal issues before the Commission were whether the proposed collective agreement complied with the applicable provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement adequately provided for the employees' minimum entitlements, allowed for genuine bargaining, and did not include any provisions that could be considered to undermine the rights of the employees. Additionally, the Commission had to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission examined the proposed collective agreement in detail, taking into account the submissions made by both Ramvek Pty Ltd and the CFMEU. The Commission noted that the agreement contained provisions that met the minimum standards set by the Fair Work Act and Regulations. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and the process followed in reaching the agreement. After careful consideration, the Commission determined that the proposed collective agreement was fair and met the necessary legal requirements. Consequently, the Commission approved the collective agreement, paving the way for its implementation between the parties.

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