DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6901)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 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 1 February 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between GHR Consolidated Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute centred on whether the proposed collective agreement met the statutory requirements under the Fair Work Act 2009 for a valid enterprise agreement. The Fair Work Commission was tasked with examining the agreement to ensure it complied with the provisions of the Act, including the good faith bargaining and public interest tests.

The legal issues before the Commission were whether the collective agreement was the product of genuine and voluntary negotiations between the parties, and if it met the requirements of the good faith bargaining test. Additionally, the Commission had to determine whether the agreement was in the public interest, considering factors such as compliance with applicable laws, protection of employees' rights and entitlements, and adherence to relevant minimum standards. The Commission also examined the extent to which the agreement addressed specific terms and conditions of employment for the employees of GHR Consolidated Pty Ltd.

In assessing the application, the Commission considered the evidence and submissions provided by both parties. It examined the bargaining process and found that the agreement was indeed the product of genuine and voluntary negotiations. The Commission further determined that the agreement complied with the good faith bargaining test and was in the public interest. The agreement was found to be compliant with applicable laws, protected the rights and entitlements of employees, and adhered to relevant minimum standards. The Commission approved the collective agreement, recognising its validity and the benefits it provided to both the employer and the employees.

Following the Commission's approval, the GHR Consolidated Pty Ltd and CFMEU Union Collective Agreement 2018-2019 was formally accepted as a lawful and binding enterprise agreement. The final orders included the registration of the approved agreement on the Register of Approved Agreements, thereby providing certainty and stability for the parties and their employees.

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