DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/720)

REDBAR TRADING TRUST T/AS REDBAR EXCAVATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the Redbar Trading Trust T/As Redbar Excavations 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 Redbar Trading Trust T/As Redbar Excavations 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 23 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Redbar Trading Trust T/As Redbar Excavations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute pertains to the approval of the Enterprise Agreement between the parties for the period 2016-2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved, considering various statutory requirements and criteria.

The key legal issues the FWC had to resolve included whether the agreement was genuinely negotiated, whether it contained mandatory terms as required by the Fair Work Act, and whether it complied with the provisions of the Act. Additionally, the FWC needed to assess if the agreement met the genuine agreement threshold, ensuring that it was not only negotiated in good faith but also did not undermine the basic rights of employees.

The FWC found that the agreement was genuinely negotiated and contained the necessary mandatory terms. It also determined that the agreement complied with all statutory requirements and met the genuine agreement threshold. The FWC was satisfied that the agreement was fair and balanced, and did not adversely affect the basic rights of employees. Consequently, the FWC approved the Enterprise Agreement.

The FWC's final order was the approval of the Redbar Trading Trust T/As Redbar Excavations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The approval ensures that the terms and conditions of employment outlined in the agreement are legally binding on both 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