RMANDCO Pty Ltd T/A RMANDCO Summary

[2022] FWCA 4103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RMANDCO Pty Ltd T/A RMANDCO

(AG2022/4696)

RMANDCO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 NOVEMBER 2022

Application for approval of the RMANDCO Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020–2023

An application has been made for approval of an enterprise agreement known as the RMANDCO Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RMANDCO Pty Ltd, trading as RMANDCO, applied to the Fair Work Commission for approval of the RMANDCO Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020–2023. The Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) challenged the application on the basis that the agreement did not comply with various statutory provisions. The dispute was heard in the Fair Work Commission, with the decision handed down on 24 November 2020.

The legal issues before the Commission included whether the agreement provided for appropriate mechanisms for the resolution of disputes, and whether it complied with the requirements for enterprise agreements to be approved by the Commission. Specifically, the Union argued that the agreement did not provide for a fair and effective process for the resolution of disputes between the parties and did not comply with the statutory requirements for enterprise agreements to be approved by the Commission.

The Fair Work Commission found that the agreement did provide for appropriate mechanisms for the resolution of disputes, including a process for the resolution of disputes through conciliation and arbitration. The Commission also found that the agreement complied with the statutory requirements for enterprise agreements to be approved by the Commission, and was therefore approved. The Union's challenge to the application was dismissed.

The Fair Work Commission approved the RMANDCO Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020–2023. The Union's challenge to the application was dismissed, and the agreement was approved by the Commission.

RMANDCO Pty Ltd T/A RMANDCO

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established