DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/384)

G AND H PLANT HIRE PTY LTD T/AS G&H CIVIL AND DEMOLITION AND CFMEU ACT DEMOLITION SECTOR AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MARCH 2019

Application for approval of the G and H Plant Hire Pty Ltd t/as G&H Civil and Demolition and CFMEU ACT Demolition Sector Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the G and H Plant Hire Pty Ltd t/as G&H Civil and Demolition and CFMEU ACT Demolition Sector Agreement 2018 (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 26 March 2019. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of a new enterprise agreement between G and H Plant Hire Pty Ltd trading as G&H Civil and Demolition and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission. The primary legal issue the Commission had to resolve was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the fair and efficient resolution of workplace issues, including the terms of employment and industrial relations matters.

The Commission examined the agreement's provisions regarding wages, hours of work, and other employment terms. It also assessed whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under the previous agreement or the relevant award. Furthermore, the Commission considered whether the agreement allowed for adequate consultation and negotiation between the parties and if it provided for a fair process to resolve disputes.

After careful consideration of the agreement's provisions, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement provided for fair and efficient resolution of workplace issues and complied with the better off overall test. The Commission also found that the agreement allowed for adequate consultation and negotiation between the parties and provided for a fair process to resolve disputes. Consequently, the Commission approved the CFMEU ACT Demolition Sector Agreement 2018.

The Commission issued an order approving the proposed agreement, which will now serve as the enterprise agreement between G and H Plant Hire Pty Ltd and the CFMEU. This decision provides certainty for both parties and ensures that the agreement's terms will be applied in accordance 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