DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1083)

RMB INSTALL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 APRIL 2017

Application for approval of the RMB Install 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 RMB Install 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.

[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 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMU) and RMB Install Pty Ltd brought an application for approval of an enterprise agreement before the Fair Work Commission. The agreement, which was proposed for the period 2016 to 2018, encompassed the employees of RMB Install Pty Ltd, who were part of the CFMEU (Victorian Construction and General Division). The union and the employer sought the Commission's approval of the agreement under the Fair Work Act 2009, asserting that it complied with all relevant provisions of the Act.

The primary legal issues before the Commission were whether the proposed agreement satisfied the requirements for approval under the Fair Work Act and whether it met the criteria of being in the best interests of the employees it covered. The Commission needed to determine if the agreement was genuinely negotiated, free from coercion or undue influence, and if it contained the minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to assess if the agreement was consistent with the Act's purpose of achieving productive and sustainable workplace relations.

In its decision, the Commission considered the evidence and arguments presented by both parties. It found that the agreement had been genuinely negotiated and was free from any form of coercion or undue influence. The Commission also concluded that the agreement contained all the required minimum terms and conditions and that it was in the best interests of the employees. The Commission approved the enterprise agreement, highlighting that it contributed to productive and sustainable workplace relations.

The Fair Work Commission approved the proposed enterprise agreement between the CFMEU and RMB Install Pty Ltd, effective from 2016 to 2018. The Commission's approval was based on its determination that the agreement met all legal requirements and was in the best interests of the employees involved.

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