DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7414)

RAFFERTY THE WRECKER PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Rafferty the Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Rafferty the Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Demolition 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 19 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Rafferty the Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018. Rafferty the Wrecker Pty Limited is an employer in the demolition industry, and the CFMEU is the union representing employees within that industry. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for the safety, health, and welfare of employees, whether it provided for the proper management of the employer’s business, and whether it included appropriate dispute resolution processes. The court also needed to consider whether the agreement had been negotiated in good faith and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission determined that the agreement met the necessary criteria for approval. The agreement was found to provide adequately for the safety, health, and welfare of employees, as well as for the proper management of the employer’s business. The court noted the inclusion of appropriate dispute resolution processes and was satisfied that the agreement had been negotiated in good faith. The Commission further found that the agreement complied with the requirements of the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement.

The orders of the Fair Work Commission were that the Rafferty the Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect from the date of registration.

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