DECISION

Fair Work Act 2009
s.185--Enterprise agreement

Ricon Tower Cranes Pty Ltd
(AG2017/5348)

RICON TOWER CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Ricon Tower Cranes 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 Ricon Tower Cranes 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 28 November 2017. 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 matter before the Fair Work Commission involved an application for the approval of the Ricon Tower Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. Ricon Tower Cranes Pty Ltd, the applicant, sought the approval of the agreement from the Commission, while the CFMEU (Victorian Construction and General Division) and several other parties opposed the application. The dispute centred around the terms and conditions of the proposed agreement, which the applicants argued provided fair and reasonable terms for the employees, while the opponents raised concerns about certain provisions.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as the nature of the work, the bargaining power of the parties, and the overall fairness of the agreement. The Commission also had to ensure that the agreement complied with any relevant minimum standards set out in the Act.

In reaching its decision, the Commission carefully considered the arguments presented by both the applicants and the opponents. The Commission examined the terms and conditions of the proposed agreement, the evidence provided by the parties, and the relevant provisions of the Fair Work Act 2009. The Commission found that, overall, the agreement provided for fair and reasonable terms and conditions for the employees and met the criteria for approval under the Act. The Commission also determined that the agreement complied with all relevant minimum standards. Consequently, the Commission approved the Ricon Tower Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The Commission's final orders included the approval of the enterprise agreement, subject to certain conditions and provisions. The agreement was approved as a registered agreement, effective from the date of the Commission's decision. The parties were directed to take all necessary steps to give effect to the approved agreement and to provide any required notices to affected employees. The Commission also retained jurisdiction to review the agreement and to address any issues that may arise during its operation.

Ricon Tower Cranes 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