DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6939)

GVP FABRICATORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 SEPTEMBER 2021

Application for approval of the GVP FABRICATORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the GVP FABRICATORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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.

[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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the GVP Fabricators Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. GVP Fabricators Pty Ltd is a company that operates in the construction industry, and the CFMEU is a trade union representing workers in various sectors, including construction. The agreement in question governs the employment terms and conditions of riggers and steel erectors who work as subcontractors for GVP Fabricators Pty Ltd.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a minimum rate of pay, reasonable working hours, and adequate leave entitlements. The Commission also had to consider whether the agreement was free from inappropriate provisions and whether it complied with the principles of good faith bargaining. Additionally, the Commission examined whether the agreement met the genuine agreement test, which requires that the agreement be made voluntarily and without coercion.

The Commission found that the agreement was a genuine agreement and that it met the requirements of the Fair Work Act. The Commission determined that the agreement provided for a minimum rate of pay that was consistent with industry standards and provided for reasonable working hours and adequate leave entitlements. The Commission also found that the agreement did not contain any inappropriate provisions and that it complied with the principles of good faith bargaining. The Commission approved the agreement, stating that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the GVP Fabricators Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. This decision provides certainty for both the employees and the employer and ensures that the agreement meets the requirements of the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established