DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6004)

RM ALUMINIUM INSTALLATIONS TRUST (THE TRUSTEE FOR) T/AS RM ALUMINIUM INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the RM ALUMINIUM INSTALLATIONS TRUST (THE TRUSTEE FOR) T/As RM ALUMINIUM INSTALLATIONS 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 RM ALUMINIUM INSTALLATIONS TRUST (THE TRUSTEE FOR) T/As RM ALUMINIUM INSTALLATIONS 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 6 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the RM Aluminium Installations Trust (the trustee for) RM Aluminium Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement complied with the relevant statutory provisions and if it was in the best interests of the employees involved.

The Commission examined several aspects of the agreement, including the process by which it was negotiated, the extent of employee consultation, and the fairness of the terms and conditions outlined within the agreement. It was crucial for the Commission to determine if the agreement met the requirements set out in the Fair Work Act 2009, particularly with regard to the process of bargaining and the substantive terms of the agreement. Furthermore, the Commission needed to consider whether the agreement would be in the best interests of the employees, taking into account their welfare and the overall fairness of the terms.

After a thorough review of the evidence and arguments presented, the Commission found that the agreement complied with all statutory requirements and was in the best interests of the employees. The Commission was satisfied that the negotiation process was fair and that the employees had been adequately consulted. Additionally, the terms and conditions of the agreement were deemed to be fair and reasonable. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect from the specified date.

In conclusion, the Fair Work Commission approved the enterprise agreement between the RM Aluminium Installations Trust and the CFMEU, finding it to be fair and in the best interests of the employees. The Commission's decision was based on the evidence provided and its determination that the agreement complied with the statutory requirements and was fair and reasonable.

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