DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5385)

RYAN FAMILY TRUST (THE TRUSTEE FOR) T/AS RYFIX PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the RYAN FAMILY TRUST (THE TRUSTEE FOR) T/As RYFIX PTY LTD (“Company”) 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 RYAN FAMILY TRUST (THE TRUSTEE FOR) T/As RYFIX PTY LTD (“Company”) 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. 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 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, on behalf of the Ryan Family Trust (the Trustee for) trading as Ryfix Pty Ltd (the Company). The Company was seeking to have the agreement approved for a period of three years, with the CFMEU seeking a four-year period. The dispute centred around the terms and conditions of the agreement, and the duration for which it should be valid.

The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it facilitated the objects of the Act, promoted high levels of employment, economic efficiency, and productivity, and provided for the fair and equitable treatment of employees. The Commission also had to consider whether the agreement was genuinely negotiated and whether it provided for a fair and reasonable outcome for employees and employers.

In its decision, the Commission found that the agreement was genuinely negotiated and met the criteria for approval. It noted that the agreement facilitated the objects of the Act and provided for the fair and reasonable treatment of employees and employers. The Commission also found that the agreement promoted high levels of employment, economic efficiency, and productivity. However, the Commission determined that a three-year period for the agreement was appropriate, given the nature of the industry and the need for flexibility in responding to changing market conditions.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015 for a period of three years, effective from 1 July 2015. The Commission found that the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act 2009. The agreement was approved on the basis that it facilitated the objects of the Act, promoted high levels of employment, economic efficiency, and productivity, and provided for the fair and reasonable treatment of employees and employers.

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