DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2870)

GHR CONSOLIDATED PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 AUGUST 2019

Application for approval of the GHR Consolidated Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the GHR Consolidated Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 1 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between GHR Consolidated Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The collective agreement was for the period 2018-2019 and covered various aspects of employment including wages, conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement complied with the procedural requirements set out in the Act, whether it provided for fair and reasonable terms and conditions, and whether it adhered to the 'better off overall test'. The Commission also needed to consider whether the agreement was free from any illegality or contravention of the Act.

The Commission found that the agreement was procedurally sound, having been negotiated in good faith and with proper consultation. It noted that the agreement provided for fair and reasonable terms and conditions for employees, with appropriate safeguards and benefits. The Commission was satisfied that the agreement met the 'better off overall test', as employees would be better off with the agreement in place than without it. Additionally, the Commission found that the agreement did not contain any illegal provisions or contravene the Act.

The Commission approved the collective agreement, recognising it as a bona fide agreement that met all statutory requirements. The approval ensured that the terms and conditions set out in the agreement would apply to the employees of GHR Consolidated Pty Ltd for the specified period. The decision underscored the importance of fair and reasonable bargaining in the workplace, and the role of the Commission in ensuring compliance with the Fair Work Act.

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