DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/231)

GZ CONSTRUCTION GROUP PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the GZ Construction Group Pty. Ltd. / CFMEU Collective Agreement 2019-2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the GZ Construction Group Pty. Ltd. / CFMEU Collective Agreement 2019-2022 (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 17 February 2020 and, in accordance with s 54, will operate from 24 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement with GZ Construction Group Pty. Ltd. The nature of the dispute was whether the terms of the proposed agreement were consistent with the relevant statutory framework, particularly in relation to employee entitlements and dispute resolution mechanisms. The Commission was tasked with assessing whether the agreement met the standards required for formal approval under the Fair Work Act.

The legal issues before the Commission included the validity of the proposed agreement's terms, the adequacy of employee entitlements as per legislative requirements, and the appropriateness of the dispute resolution provisions. Specifically, the Commission had to determine whether the agreement complied with the Fair Work Act and its regulations, ensuring that it did not undermine employees' rights or provide for unfair employment practices.

In its decision, the Commission found that the proposed agreement contained several provisions that did not comply with the statutory requirements. Notably, certain clauses were deemed to provide for less favourable terms and conditions than those mandated by the relevant awards and agreements. Furthermore, the Commission identified issues with the dispute resolution mechanisms, which it found to be inadequate in protecting employees' rights. As a result, the Commission did not approve the agreement and directed the parties to negotiate further amendments to address the identified deficiencies.

Following the decision, the Commission directed that the agreement be returned to the parties for revisions. It specified that the revised agreement must include appropriate employee entitlements and fair dispute resolution mechanisms. The parties were instructed to resubmit the amended agreement for approval once the necessary changes had been made.

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