DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1382)

GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 MAY 2020

Application for approval of the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the GVK NSW Reo Pty Ltd / CFMEU 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 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] 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 4 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with GVK NSW Reo Pty Ltd. The Fair Work Commission (FWC) was tasked with evaluating this application and determining whether the agreement should be approved. The CFMEU argued that the agreement was fair and reasonable, while GVK NSW Reo Pty Ltd contended that certain provisions were unfair or unreasonable. The dispute centred on the interpretation and application of the Fair Work Act 2009 (Cth) and the specific terms of the proposed agreement.

The FWC had to consider whether the agreement met the criteria for approval under the Fair Work Act. This involved assessing the fairness and reasonableness of the agreement's terms, including provisions related to wages, hours of work, and other employment conditions. The court also had to determine whether the agreement was genuinely negotiated and if it provided for the protection of employees' rights and interests. The FWC considered submissions from both parties and examined relevant case law and legislative provisions to reach its decision.

The FWC concluded that the agreement was generally fair and reasonable, with only minor issues that could be resolved through minor adjustments. The court found that the provisions in question were not overly harsh or discriminatory and that the agreement provided adequate protections for employees. The FWC also determined that the agreement had been genuinely negotiated and that it served the interests of both parties. Consequently, the FWC approved the agreement with minor modifications.

The Fair Work Commission approved the collective agreement with minor modifications, subject to certain conditions. The decision underscores the importance of fair and reasonable terms in collective agreements and the FWC's role in ensuring that employment agreements meet the necessary standards under the Fair Work Act. The approval of the agreement facilitates a balanced and fair working relationship between the CFMEU and GVK NSW Reo Pty Ltd, ensuring that employees' rights and interests are protected while allowing for reasonable business operations.

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