DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/685)

GVP FABRICATORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 MARCH 2020

Application for approval of the GVP FABRICATORS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the GVP FABRICATORS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020 (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 1 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between GVP Fabricators Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) pertains to the approval of the Rigger/Steel Erector Enterprise Agreement 2019-2020. The matter was heard by the Fair Work Commission. The central issue before the court was whether the proposed enterprise agreement complied with the relevant legislative requirements, including fairness and bargaining standards, and whether it was made in good faith. The court also needed to consider whether the agreement was appropriate for the particular industry and workplace context.

The Commission considered the submissions from both parties and the evidence provided. It examined whether the agreement met the statutory requirements and was fair and reasonable in all its aspects. The Commission assessed the bargaining process, the terms and conditions of the agreement, and the impact on the employees. It also considered the broader economic and industry context. The Commission concluded that the agreement was fair and reasonable, and it was made in good faith. The terms and conditions were appropriate for the industry and workplace, and the agreement complied with all relevant legislative provisions.

The Commission approved the Rigger/Steel Erector Enterprise Agreement 2019-2020, finding it met all the necessary criteria for approval. The agreement was deemed fair and reasonable, and it was made in good faith. The terms and conditions were appropriate for the industry and workplace, and the agreement complied with all relevant legislative provisions. The Commission's decision was based on a thorough analysis of the evidence and submissions from both parties, as well as a consideration of the broader economic and industry context.

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