DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Rydell Constructions Pty Ltd
(AG2021/6497)

GEORGE RYDELL CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2021

Application for approval of the George Rydell Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the George Rydell Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by George Rydell Constructions Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by the parties to the Enterprise Agreement, George Rydell Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division), for the approval of the agreement under section 231 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The agreement in question sought to regulate the terms and conditions of employment for workers within the construction industry in Victoria, covering periods from 2020 to 2023. The primary legal issues before the Commission were whether the agreement met the procedural requirements for approval, and whether it contained terms that were consistent with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and without coercion, if it provided for minimum wages and conditions, and if it contained any unfair provisions that would not be in the best interests of the employees.

In delivering its decision, the Commission first examined the process by which the agreement was formed. It was satisfied that the agreement had been negotiated in good faith, without any evidence of coercion, and that the necessary procedural requirements were met. The Commission then assessed the substantive provisions of the agreement, focusing on whether it provided for minimum wages and conditions as stipulated by the Act, and whether it contained any unfair provisions. After careful consideration of the evidence and submissions, the Commission found that the agreement did not include any terms that were contrary to the public interest or unfair to employees. It concluded that the agreement was consistent with the requirements of the Act and approved it accordingly.

The Commission's decision was grounded in its findings that the agreement was fair and balanced, taking into account the interests of both employers and employees. It noted that the agreement provided for fair and reasonable terms, including provisions for minimum wages, entitlements, and other conditions of employment. The Commission also highlighted that the agreement included mechanisms for resolving disputes and addressing changes in the industry, which would benefit both parties. The approval of the agreement was therefore in the best interests of the employees and the broader construction industry in Victoria. The Commission made an order approving the Enterprise Agreement between George Rydell Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2020-2023.

George Rydell Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established