DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2537)

G & H PLANT HIRE PTY LTD T/AS G & H CIVIL CONTRACTORS AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 SEPTEMBER 2020

Application for approval of the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors and CFMEU Civil Construction Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors and CFMEU Civil Construction Union Collective Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2020. The nominal expiry date of the Agreement is 2 July 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and G & H Plant Hire Pty Ltd T/As G & H Civil Contractors were parties in a dispute concerning the approval of their collective agreement for the period 2019-2022. The case was heard in the Fair Work Commission of Australia, which has jurisdiction over employment-related matters and collective agreements. The central issue before the Commission was whether the proposed collective agreement met the legal standards for approval under the Fair Work Act 2009, specifically whether it complied with the requirements for good faith bargaining and provided for a fair and efficient workplace.

The Commission examined whether the parties had engaged in genuine negotiations and whether the agreement reflected the outcomes of these negotiations. The CFMEU argued that the agreement was the product of good faith bargaining, while G & H Plant Hire contended that certain provisions were unfair and not reflective of the bargaining process. The Commission considered the evidence presented by both parties, including the bargaining history, the nature of the negotiations, and the terms of the proposed agreement. The Commission also assessed whether the agreement was likely to promote harmonious, productive and cooperative workplace relations.

After reviewing the evidence, the Commission concluded that the proposed agreement was the result of good faith bargaining and met the legal standards for approval. The Commission found that the parties had engaged in meaningful negotiations and that the terms of the agreement were fair and reflected the outcomes of these negotiations. The Commission approved the collective agreement, noting that it provided for a fair and efficient workplace and promoted harmonious, productive and cooperative workplace relations. As a result, the agreement was approved and became legally binding on the parties.

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