DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6255)

GEOTECH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JULY 2021

Application for approval of the GEOTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the GEOTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 4 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the GEOTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023. The Fair Work Commission was tasked with determining whether the enterprise agreement met the requirements of the Fair Work Act 2009. The legal issues centred on whether the agreement was free from prohibited content, whether it had been genuinely negotiated, and if it complied with the provisions of the Act. The Commission also considered whether the agreement facilitated the operation of enterprise bargaining in the industry and whether it provided for appropriate processes to deal with disputes.

The Fair Work Commission evaluated the agreement under the Fair Work Act 2009, ensuring that it did not contain prohibited content, was genuinely negotiated, and complied with the Act. The Commission assessed the negotiation process and found that it was conducted in good faith and resulted in a fair and reasonable agreement. The Commission also determined that the agreement facilitated enterprise bargaining and provided for appropriate processes to deal with disputes. The Commission found that the agreement met the requirements of the Act and approved it.

In summary, the Fair Work Commission approved the GEOTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023. The Commission found that the agreement was free from prohibited content, had been genuinely negotiated, and complied with the provisions of the Fair Work Act 2009. The agreement facilitated enterprise bargaining in the industry and provided for appropriate processes to deal with disputes. The Commission approved the agreement and it will now be in force for the specified period.

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