DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5845)

GSF NOMINEES PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

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

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

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

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of a proposed enterprise agreement between GSF Nominees Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was fairly and properly negotiated, contained terms and conditions that were not contrary to public policy, and whether it was in the best interests of the employees covered by the agreement. The Commission also had to determine whether the agreement was likely to improve the efficiency and productivity of the workplace.

The Commission found that the proposed agreement was fairly and properly negotiated and contained terms and conditions that were not contrary to public policy. The Commission also found that the agreement was in the best interests of the employees covered by the agreement and was likely to improve the efficiency and productivity of the workplace. The Commission noted that the agreement provided for a number of improvements to the working conditions of the employees, including increased pay rates, improved leave entitlements, and greater flexibility in the allocation of work.

The Commission approved the proposed enterprise agreement and made an order approving the agreement. The order is effective from the date of the Commission's decision and will remain in force until the end of the agreement's four-year term. The Commission's decision is binding on all parties covered by the agreement, including GSF Nominees Pty. Ltd. and the employees represented by the CFMEU.

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