DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6400)

GSG (VIC) DISCRETIONARY TRUST (THE TRUSTEE FOR) T/AS GSG (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2021

Application for approval of the GSG (VIC) DISCRETIONARY TRUST (THE TRUSTEE FOR) T/AS GSG (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the GSG (VIC) DISCRETIONARY TRUST (THE TRUSTEE FOR) T/AS GSG (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMU) and GSG (VIC) Pty Ltd, acting through its trustee, the GSG (VIC) Discretionary Trust, sought approval of the GSG (VIC) Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The CFMEU is a trade union representing workers in various industries, while GSG (VIC) Pty Ltd is a company in the construction industry. The agreement in question is a proposed enterprise agreement between the union and the company, which seeks to govern the terms and conditions of employment for carpenters and joiners working for GSG (VIC) Pty Ltd.

The court was required to decide whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was made in good faith, was free from coercion and undue influence, and contained provisions that met the minimum entitlements set out in the Act. The court also needed to consider whether the agreement was in the best interests of the employees and the employer.

After reviewing the evidence and submissions from both parties, the court found that the agreement met the criteria for approval. The court determined that the agreement was made in good faith, was free from coercion and undue influence, and contained provisions that met the minimum entitlements set out in the Act. The court also found that the agreement was in the best interests of the employees and the employer, as it provided for a fair and reasonable set of terms and conditions of employment. As a result, the court approved the agreement, which will now govern the employment relationship between GSG (VIC) Pty Ltd and its carpenters and joiners.

The court's approval of the agreement means that it will now be registered with the Fair Work Commission and will have the force of a legally binding contract between the parties. The agreement will remain in effect until it is replaced by a new agreement or until it is terminated in accordance with the provisions 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