CGH Civil Pty Ltd Summary

[2014] FWCA 5159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CGH Civil Pty Ltd
(AG2014/1582)

CGH CIVIL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 JULY 2014

Application for approval of the CGH Civil Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CGH Civil Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding Clause 8 - Hours of Work and Clause 10 - Individual Flexibility of the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved CGH Civil Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was over the approval of the CGH Civil Enterprise Agreement 2014. The Federal Circuit and Family Court of Australia was the tribunal that heard the application.

The legal issues before the court included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key among these was the question of whether the agreement had been made in good faith and whether it provided for the proper negotiation process. The court also needed to consider if the agreement contained all the mandated minimum terms and conditions.

The court found that the agreement was indeed made in good faith and that the negotiation process was appropriate. It also concluded that the agreement contained all the required minimum terms and conditions. The court emphasised the importance of the good faith requirement, noting that the agreement must not only be free from coercion but also provide fair and reasonable terms. Based on the evidence, the court was satisfied that these criteria were met. Consequently, the court approved the CGH Civil Enterprise Agreement 2014.

The court's decision resulted in the formal approval of the enterprise agreement. This approval meant that the agreement would now govern the employment conditions of the employees covered by the agreement, effective from the date of the court's order.

CGH Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established