DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5866)

RMS GROUNDWORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the RMS GROUNDWORKS 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 RMS GROUNDWORKS 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 3 October 2016. 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 applied for approval of the RMS Groundworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. RMS Groundworks Pty Ltd is an employer in the construction industry, and the CFMEU is a trade union representing employees in the same industry. The dispute centred around the terms and conditions of the proposed enterprise agreement, which was intended to regulate employment between the employer and the union. The Commission was required to determine whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement was made in good faith, whether it contained the necessary "safety net" provisions, and whether it complied with procedural requirements. The "safety net" provisions ensure that employees receive a minimum set of entitlements, including wages, leave, and other benefits. Additionally, the Commission had to consider whether the agreement was free from any improper influences or coercion and whether the process of agreement-making was fair and transparent.

The Commission found that the agreement was made in good faith and contained the requisite "safety net" provisions. It also determined that the agreement complied with all procedural requirements and was free from any improper influences. The Commission noted that the agreement had been negotiated between parties with genuine bargaining power and that the process was fair and transparent. Consequently, the Commission approved the enterprise agreement, finding it met all the necessary legal standards for approval.

The Fair Work Commission approved the RMS Groundworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission's decision recognised the agreement as meeting all legal criteria, including good faith bargaining, "safety net" provisions, and procedural compliance. This approval ensures that the terms and conditions of employment between RMS Groundworks Pty Ltd and the CFMEU are legally binding and enforceable.

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