DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4441)

GTC ENGINEERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2019

Application for approval of the GTC ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the GTC ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 9 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement between GTC Engineering Pty Ltd and the union's Victorian Construction and General Division. The application for approval was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal standards for enterprise agreements, including whether it was made in good faith and whether it contained appropriate terms and conditions for employees.

The Commission considered several legal issues, including whether the agreement was genuinely negotiated, whether it contained all mandatory terms and conditions, and whether it was in the best interests of the employees. The union argued that the agreement was fair and reasonable, while GTC Engineering contended that certain provisions were problematic. The Commission had to determine whether the agreement met the statutory requirements and if it was fair and reasonable in all the circumstances.

In its decision, the Commission found that the agreement was generally in the best interests of the employees and met the statutory requirements for an enterprise agreement. The Commission concluded that the agreement was made in good faith and contained all mandatory terms and conditions. While some provisions were contentious, the Commission was satisfied that the overall agreement was fair and reasonable. The Commission approved the agreement subject to certain conditions, including a requirement for the parties to review and, if necessary, amend certain provisions within six months of the approval.

The final orders included the approval of the enterprise agreement with conditions, and the Commission directed the parties to take specific steps to ensure ongoing compliance and fairness in the workplace.

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