DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/281)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 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 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 27 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022 in the Fair Work Commission. GVK NSW REO Pty Ltd and the CFMEU entered into an enterprise agreement which set out the terms and conditions of employment for the employees of GVK. The CFMEU sought approval of the agreement as a modern award, arguing that the agreement improved conditions for employees by including provisions for increased wages, leave entitlements, and job security. The primary legal issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement as a modern award. The Commission considered whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and whether it contained provisions that were no less favourable than the relevant modern award.

The Commission found that the agreement met the criteria for approval as a modern award. The Commission considered that the agreement provided for a fair and efficient workplace, and that it contained provisions that were no less favourable than the relevant modern award. The Commission also found that the agreement contained provisions for increased wages, leave entitlements, and job security, which improved conditions for employees. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it provided for a fair and efficient workplace. The Commission approved the agreement as a modern award.

The Fair Work Commission approved the GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022 as a modern award. The Commission found that the agreement met the criteria for approval, and that it contained provisions that were no less favourable than the relevant modern award. The agreement provided for a fair and efficient workplace, and contained provisions for increased wages, leave entitlements, and job security, which improved conditions for employees. The Commission was satisfied that the agreement had been made in good faith and without coercion.

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