DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/5016)

GVK ACT REO PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2020

Application for approval of the GVK ACT REO PTY LTD and CFMEU ACT Steel-Fixing Sector Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GVK ACT REO PTY LTD and CFMEU ACT Steel-Fixing Sector Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 16 January 2020. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the GVK ACT REO PTY LTD and CFMEU ACT Steel-Fixing Sector Agreement 2019 before the Fair Work Commission. The dispute centred around the application of the new enterprise agreement in the ACT's construction industry, specifically focusing on the terms and conditions of employment for steel-fixers. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the agreement was a genuine enterprise agreement and if it contained the required provisions as outlined in the Fair Work Act. This included verifying that the agreement was made in good faith and that it contained the necessary minimum terms, including those relating to wages, hours of work, and other conditions of employment. The Commission also had to assess whether the agreement complied with the procedural fairness requirements, including the adequacy of the bargaining process and the opportunity for parties to be heard.

In delivering its decision, the Commission carefully examined the evidence presented regarding the negotiation process and the content of the agreement. It found that the agreement was genuinely made between the parties in good faith and that it contained all the required minimum terms. The Commission also determined that the procedural fairness requirements were met, as the parties had been given adequate opportunities to negotiate and to present their views. Consequently, the Commission approved the application, finding that the agreement met all necessary legal criteria for approval.

The final orders of the Commission were that the GVK ACT REO PTY LTD and CFMEU ACT Steel-Fixing Sector Agreement 2019 be approved as a registered agreement. This decision was made effective from the date of the Commission's determination, providing clarity and legal certainty to the terms of employment for the steel-fixers within the specified industry sector.

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