DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6885)

RAMIT AUSTRALIA PTY LTD T/A INGLIS FIRE AND SAFETY INSTALLATIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Ramit Australia Pty Ltd T/A Inglis Fire and Safety Installations and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Ramit Australia Pty Ltd T/A Inglis Fire and Safety Installations and CFMEU Union Collective Agreement 2015 - 2019 (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 was approved on and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval from the Fair Work Commission for a collective agreement between themselves and Ramit Australia Pty Ltd trading as Inglis Fire and Safety Installations. The agreement sought to govern the terms and conditions of employment for the workers of the respondent company over the period 2015 to 2019. The dispute arose when the employer refused to accept the proposed agreement, prompting the union to apply to the Commission for its approval.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum terms and conditions, and whether it adhered to the relevant provisions of the Act. Specifically, the Commission needed to determine if the agreement was made in good faith and whether it complied with the procedural requirements for approval.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement provided for minimum terms and conditions that were not less favourable than those provided for in the relevant award or safety net award. The Commission also concluded that the agreement was made in good faith and that all procedural requirements for approval had been satisfied. Accordingly, the Commission approved the agreement, stating that it would be registered and enforceable from the date of the decision.

The Fair Work Commission approved the proposed collective agreement, making it enforceable from the date of the decision. The Commission's approval ensures that the agreement will govern the terms and conditions of employment for the workers of Ramit Australia Pty Ltd trading as Inglis Fire and Safety Installations for the period 2015 to 2019.

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