DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4292)

GVK QLD REO PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 APRIL 2021

Application for approval of the GVK QLD Reo Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the GVK QLD Reo Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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] Clause 32 of the agreement provides that “It is agreed that the default fund under this agreement shall be BussQ”. Clause 32 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[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 8 April 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between GVK QLD Reo Pty Ltd and the union, covering the period 2020-2022. The application was heard in the Fair Work Commission, an Australian federal statutory tribunal. The CFMEU sought the approval of the agreement under the Fair Work Act 2009, which provides the legislative framework for the registration and operation of enterprise agreements in Australia.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained the required provisions, was free from prohibited content, and was made in good faith. Additionally, the Commission had to consider whether the agreement provided for the proper protection of employees' interests, including matters such as minimum wages, conditions, and dispute resolution mechanisms.

The Commission found that the agreement contained all the necessary provisions and was free from prohibited content. It noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, leave, and dispute resolution. The Commission was satisfied that the agreement was made in good faith and that it adequately protected the interests of the employees. Consequently, the Commission approved the collective agreement, recognising it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the GVK QLD Reo Pty Ltd and CFMEU Union Collective Agreement 2020-2022, recognising it as a registered agreement under the Fair Work Act 2009. This decision provides clarity for both the employer and the union, ensuring that the terms of the agreement are legally binding and enforceable.

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