DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6308)

RICAN CONTRACTORS PTY LTD T/AS RICAN GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Rican Contractors Pty Ltd T/As Rican Group 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 Rican Contractors Pty Ltd T/As Rican Group 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 21 October 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

The Construction, Forestry, Mining and Energy Union (CFMEU) and Rican Contractors Pty Ltd (Rican) applied to the Fair Work Commission for approval of their enterprise agreement, the "CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018." The agreement was negotiated between the parties and covered employment conditions for Rican's employees. The dispute centred on the terms of the agreement, including wages, working hours, and other employment conditions. The Commission was tasked with determining whether the agreement met the legal requirements for approval and if it was in the best interests of the employees and the industry.

The legal issues before the Commission involved assessing the fairness and compliance of the agreement with the Fair Work Act 2009. This included examining whether the agreement provided for a fair and reasonable terms of employment, and if it was free from any illegality or non-compliance with the Act. Additionally, the Commission had to consider whether the agreement promoted or protected the interests of the employees, and if it was in the best interests of the industry. The Commission also had to ensure that the agreement did not discriminate against any group of employees and that it complied with any relevant industrial laws.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable in all its terms. The Commission concluded that the agreement provided for a balanced and appropriate set of employment conditions that met the legal requirements and were in the best interests of the employees and the industry. The Commission noted that the agreement had been negotiated in good faith and that it promoted the interests of the employees while also taking into account the needs of the industry. The Commission approved the agreement, subject to certain conditions, and it came into effect on the date of the approval.

The final orders of the Commission were that the agreement be approved, subject to the conditions outlined in the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the agreement be provided to the parties and their employees. The Commission further ordered that the agreement be given effect and that the parties comply with its terms. The decision provided a detailed analysis of the agreement and the legal issues involved, and it set out the reasons for the Commission's decision.

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