DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/356)

RYAN FAMILY TRUST (THE TRUSTEE FOR) T/AS RYFIX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Ryan Family Trust (The Trustee For) T/As Ryfix 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 Ryan Family Trust (The Trustee For) T/As Ryfix 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 22 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement between the Ryan Family Trust trading as Ryfix Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application for approval was contested by Ryfix Pty Ltd, which raised concerns about certain provisions of the agreement. The dispute primarily centred on the interpretation and enforceability of specific clauses within the agreement, including those relating to employee entitlements and conditions of employment.

The legal issues before the Commission involved the validity and enforceability of the contested clauses within the enterprise agreement. Ryfix Pty Ltd argued that certain provisions were inconsistent with the requirements of the Fair Work Act 2009, and therefore should not be approved. The CFMEU, on the other hand, contended that the contested clauses were reasonable and necessary to ensure fair and equitable terms for employees. The Commission was required to determine whether the provisions met the criteria for approval under the Fair Work Act, particularly focusing on whether they provided for the safety net of minimum entitlements and did not undermine the act’s purpose.

The Fair Work Commission carefully examined the provisions of the enterprise agreement in light of the relevant statutory requirements. The Commission found that while some provisions did not align with the safety net provisions of the Fair Work Act, others were deemed reasonable and necessary to ensure fair and equitable terms for employees. Consequently, the Commission decided to approve the enterprise agreement with modifications to certain clauses to ensure compliance with the act. The modified agreement was deemed to provide for the safety net of minimum entitlements and did not undermine the purpose of the Fair Work Act.

The final orders of the Commission included the approval of the enterprise agreement with specific modifications to certain clauses. These modifications were made to ensure that the agreement complied with the requirements of the Fair Work Act, particularly in relation to the safety net provisions. The modified agreement was thus approved, and the parties were directed to implement the terms as per the approved document.

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