Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2985)

GVK QLD REO PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT

2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 8 SEPTEMBER 2023

Application for approval of the GVK QLD Reo Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the GVK QLD Reo Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement entered into with GVK QLD Reo Pty Ltd. The application was made under section 234 of the Fair Work Act 2009. The Fair Work Commission heard the matter. The central issue before the Commission was whether the proposed collective agreement met the criteria for approval under section 233 of the Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace relationship, and if it did not have the potential to adversely affect employees in other enterprises. The Commission considered the submissions made by both parties, as well as the contents of the proposed agreement.

The Commission noted that the agreement provided for a balanced and fair set of terms and conditions that promoted efficient workplace relations. The terms included provisions for minimum hours of work, wage rates, and various other employment conditions. The Commission found that the agreement did not contain any provisions that could potentially harm employees in other enterprises. It also considered that the agreement provided a degree of flexibility that allowed for efficient operations within the workplace. The Commission was satisfied that the agreement met the statutory criteria for approval. Consequently, the application for approval was granted.

The Fair Work Commission approved the GVK QLD Reo Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The approval is effective from 1 July 2023 and will remain in force until 30 June 2027, or until terminated in accordance with the agreement's provisions. The Commission's decision provides certainty for both the parties involved and other employees who may be affected by the agreement. The approval ensures that the agreement provides for a fair and efficient workplace relationship and does not have the potential to adversely affect employees in other enterprises.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established