DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/334)

GUANG YA AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 FEBRUARY 2020

Application for approval of the Guang Ya Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 Guang Ya Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 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.

[4] The Agreement was approved on 26 February 2020 and, in accordance with s 54, will operate from 4 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, along with Guang Ya Australia Pty Ltd, applied to the Fair Work Commission for approval of their Enterprise Agreement for the period 2019-2020. The agreement was contested by the Australian Building and Construction Commission, which argued that the agreement did not comply with the Fair Work Act 2009. The Fair Work Commission was required to determine whether the enterprise agreement met the statutory requirements for approval under the Act.

The central issue before the Fair Work Commission was whether the enterprise agreement complied with the legal criteria set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement met the 'better off overall test', which requires that employees be no worse off and at least some employees be better off financially or in terms of conditions compared to their previous entitlements. Additionally, the Commission had to examine whether the agreement contained all the mandatory terms prescribed by the Act and whether it adhered to the procedural requirements for the negotiation and approval of enterprise agreements.

The Fair Work Commission found that the enterprise agreement met all the statutory criteria for approval. It determined that the agreement passed the 'better off overall test' and contained all the mandatory terms as required by the Act. The Commission also concluded that the agreement was the product of genuine bargaining between the parties. The procedural requirements for the negotiation and approval of the agreement were also found to be satisfied. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between Guang Ya Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2019-2020. This decision confirmed that the agreement met all legal requirements for approval under the Fair Work Act, including the 'better off overall test', the inclusion of all mandatory terms, and compliance with procedural requirements.

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