DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/303)

GHRC NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2020

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the GHRC NSW Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the GHRC NSW Pty Ltd/ CFMEU Collective Agreement 2019-2022. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement from the Fair Work Commission (FWC). The agreement had been made between GHRC NSW Pty Ltd and the CFMEU, representing employees within the relevant industry. The CFMEU sought the FWC's approval under the Fair Work Act 2009 (Cth), which requires that certain agreements be registered and approved by the FWC.

The central legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009 (Cth). The FWC had to consider whether the agreement contained provisions that were contrary to the objects of the Act, particularly those relating to the protection of employees' rights and interests. The CFMEU argued that the agreement was fair and reasonable and met the statutory requirements for approval. GHRC NSW Pty Ltd did not oppose the application but submitted that the agreement was consistent with the Act.

The FWC determined that the agreement did not contain any provisions that were contrary to the objects of the Fair Work Act 2009 (Cth). The FWC found that the agreement was fair and reasonable, and met the statutory requirements for approval. The FWC noted that the agreement contained provisions that protected employees' rights and interests, such as provisions relating to wages, conditions of employment, and dispute resolution mechanisms. The FWC also found that the agreement was consistent with the principles of enterprise bargaining and did not undermine the collective bargaining process.

The FWC approved the GHRC NSW Pty Ltd/CFMEU Collective Agreement 2019-2022. The FWC made an order approving the agreement, and the agreement will now be registered with the Fair Work Commission. The approval of the agreement is a significant development for employees within the relevant industry, as it provides a framework for their wages, conditions of employment, and dispute resolution mechanisms.

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