DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rodger Constructions Pty Ltd as Trustee for the Rodger Construction Trust T/A Rodger Constructions Pty Ltd
(AG2016/3539)

RODGER CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Rodger Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rodger Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rodger Constructions Pty Ltd as Trustee for the Rodger Construction Trust t/a Rodger 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 Agreement was approved on 30 June 2016, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rodger Constructions Pty Ltd, acting as trustee for the Rodger Construction Trust, brought an application to the Fair Work Commission for approval of the Rodger Constructions Pty Ltd Enterprise Agreement 2016. The matter was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who argued that the proposed agreement did not comply with certain statutory requirements. The Commission was tasked with determining whether the agreement met the necessary conditions for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement adequately addressed the terms and conditions of employment for the relevant employees and whether it complied with the requirements for direct agreements under the Fair Work Act. Specifically, the Commission needed to assess if the agreement was genuinely negotiated, whether it included all mandatory terms, and if it was fair and reasonable. The CFMEU contested the negotiation process, arguing that the agreement did not adequately represent the employees' interests.

In its decision, the Commission examined the evidence provided regarding the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated and included all mandatory terms. It further concluded that the agreement was fair and reasonable, taking into account the economic circumstances and the bargaining power of the parties. The Commission approved the agreement, rejecting the CFMEU's contentions.

The Commission issued an order approving the Rodger Constructions Pty Ltd Enterprise Agreement 2016, subject to the terms and conditions specified in the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the specified commencement date. The CFMEU's application to set aside the approval was dismissed.

Rodger Constructions Pty Ltd as Trustee for the Rodger Construction Trust T/A Rodger 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