DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2304)

GCU ENTERPRISES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2020

Application for approval of the GCU Enterprises Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the GCU Enterprises Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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 of the Act, will operate from 26 August 2020. 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 matter before the Fair Work Commission involved an application by GCU Enterprises Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement, titled "GCU Enterprises Pty Ltd / CFMEU Collective Agreement 2019-2022." The application was made under section 236 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement. The nature of the dispute centred on the terms and conditions of employment proposed in the collective agreement, including wages, working hours, leave entitlements, and dispute resolution mechanisms.

The legal issues the court had to address revolved around whether the proposed agreement complied with the statutory requirements under the Fair Work Act, particularly sections relating to the scope of collective bargaining, the protection of employees' rights, and the avoidance of undue hardship on employers. The Commission needed to ensure that the agreement did not contain any provisions that would unfairly disadvantage either party and that it was negotiated in good faith.

In reaching its decision, the Commission carefully examined each clause of the agreement against the statutory framework. It found that the agreement generally complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement provided for fair and reasonable terms for both employees and the employer. The Commission approved the agreement, noting minor amendments to ensure compliance with the Act, particularly in relation to procedural fairness and the avoidance of unnecessary complexity.

The final orders of the Commission included the approval of the "GCU Enterprises Pty Ltd / CFMEU Collective Agreement 2019-2022," with the noted amendments to ensure full compliance with the Fair Work Act. The approved agreement was to be registered and would have legal effect from the specified commencement date, providing a clear framework for the terms and conditions of employment between 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