DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Rydell Constructions Pty Ltd
(AG2018/1874)

GEORGE RYDELL CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the George Rydell Constructions 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 George Rydell Constructions 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 2018. 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 George Rydell Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC). The union sought to have the enterprise agreement approved, while the employer raised concerns about specific provisions within the agreement. The legal issues before the FWC included whether the agreement was made in good faith, whether it contained the necessary safety net provisions, and whether it complied with other relevant statutory requirements.

The FWC considered the arguments presented by both parties and examined the contents of the agreement in detail. It found that the agreement was made in good faith and that it contained the necessary safety net provisions as required by the Fair Work Act 2009. The FWC also determined that the provisions in question did not undermine the safety net and were fair and reasonable in all the circumstances. The Commission approved the enterprise agreement, finding that it met the statutory criteria for approval.

As a result of the FWC's decision, the George Rydell Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 was approved and will be legally binding on the parties. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the employer and the union members for the specified period.

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