DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/76)

GREATER GEELONG CONSTRUCTIONS P/L/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2021

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

Application for approval of the GREATER GEELONG CONSTRUCTIONS P/L/CFMEU South Australia Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the GREATER GEELONG CONSTRUCTIONS P/L/CFMEU South Australia Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Greater Geelong Constructions Pty Ltd / CFMEU South Australia Enterprise Agreement 2021. The application was made under section 233 of the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement met the requirements for approval under the Act, including whether it provided for the fair and efficient resolution of workplace disputes and facilitated the efficient operation of businesses. The Commission considered the provisions of the agreement, the submissions of the parties, and relevant case law. The CFMEU argued that the agreement provided for a fair and efficient resolution of workplace disputes and facilitated the efficient operation of businesses. Greater Geelong Constructions Pty Ltd argued that certain provisions of the agreement were unfair and would hinder the efficient operation of their business. After considering the submissions and the evidence, the Commission found that the agreement did provide for the fair and efficient resolution of workplace disputes and facilitated the efficient operation of businesses. The Commission approved the Greater Geelong Constructions Pty Ltd / CFMEU South Australia Enterprise Agreement 2021. The Commission ordered that the agreement be registered and be taken to be in effect from 1 January 2021.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established