DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1264)

GREATER GEELONG CONSTRUCTIONS PTY LTD T/AS GGC RIGGING & SCAFFOLDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MAY 2020

Application for approval of the Greater Geelong Constructions Pty Ltd T/As GGC Rigging & Scaffolding and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Greater Geelong Constructions Pty Ltd T/As GGC Rigging & Scaffolding and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 May 2020 and, in accordance with s 54, will operate from 26 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Greater Geelong Constructions Pty Ltd T/As GGC Rigging & Scaffolding and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The application was heard by the Fair Work Commission, a tribunal with jurisdiction over employment relations in Australia. The union argued that the agreement provided fair and reasonable terms for the employees, while the employer contested certain provisions, primarily focusing on the financial implications and operational flexibility.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was free from coercion and undue influence, promoted workplace harmony, and was fair and reasonable. The court also needed to consider the potential impact of the agreement on the employer's business operations and the employees' working conditions.

The Fair Work Commission found that the agreement was free from coercion and undue influence and promoted workplace harmony. The court determined that the financial provisions of the agreement, while onerous, were necessary to ensure fair compensation for the employees. The court also noted that the agreement provided for flexibility in the employer's operations, allowing for variations to the agreement in certain circumstances. The court concluded that the agreement was fair and reasonable and approved it.

The Fair Work Commission ordered that the Greater Geelong Constructions Pty Ltd T/As GGC Rigging & Scaffolding and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees of the employer and will remain in force until the next scheduled review or until terminated or varied by 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