DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/542)

GCN OPERATIONS PTY LIMITED T-AS GILLESPIES CRANE SERVICES / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2019

Application for approval of the GCN Operations Pty Limited t-as Gillespies Crane Services / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GCN Operations Pty Limited t-as Gillespies Crane Services / CFMEU Collective 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 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 21 March 2019. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and GCN Operations Pty Limited trading as Gillespies Crane Services. The CFMEU sought approval for a collective agreement entered into with Gillespies Crane Services. The matter was heard by the Fair Work Commission, an Australian government body responsible for the resolution of workplace disputes. The central issue before the court was whether the collective agreement met the requirements of Australian labour law, specifically in relation to the Fair Work Act 2009.

The court examined whether the collective agreement complied with the provisions of the Fair Work Act and if it was made in good faith and without coercion. Key aspects of the agreement that were considered included the terms and conditions of employment, the process by which the agreement was negotiated, and the representation of the parties involved. The court also considered whether the agreement was likely to promote harmonious, productive and cooperative workplace relations. In reviewing the agreement, the court took into account submissions from both parties, as well as relevant legal precedents and statutory requirements.

The Fair Work Commission found that the collective agreement was compliant with the Fair Work Act and was made in good faith. The court was satisfied that the agreement was negotiated without coercion and that it contained terms that were fair and reasonable. The court determined that the agreement would promote harmonious, productive and cooperative workplace relations, and thus approved the application for the collective agreement to be registered. The court's decision was based on a thorough examination of the agreement, the submissions of the parties, and relevant legal authorities. The court's approval of the collective agreement ensures that the terms and conditions of employment for Gillespies Crane Services' employees are governed by a legally binding and fair agreement.

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