DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Forestry Maritime Mining and Energy Union
(AG2018/5694)

GREATER GEELONG CONSTRUCTIONS T/AS GGC RIGGING AND SCAFFOLDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Greater Geelong Constructions T/As GGC Rigging and Scaffolding and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016 – 2018.

[1] An application has been made for approval of an enterprise agreement known as the Greater Geelong Constructions T/As GGC Rigging and Scaffolding and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016 – 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 31 October 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of the Greater Geelong Constructions Trading As GGC Rigging and Scaffolding and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016 – 2018. The union sought to have the agreement approved by the court, which would make it binding on the parties involved. The primary issue was whether the agreement met the requirements set out in the Fair Work Act 2009.

The court was required to determine if the agreement was a genuine enterprise agreement, whether it complied with the procedural and substantive requirements of the Act, and if it was appropriate to approve the agreement in the circumstances. The court examined the process through which the agreement was negotiated and the content of the agreement itself. The court considered whether the agreement was made in good faith, whether it was negotiated independently, and if it covered the appropriate bargaining unit.

The court found that the agreement was genuinely made by the parties and complied with the procedural and substantive requirements of the Fair Work Act. The agreement was made in good faith, was negotiated independently, and covered the appropriate bargaining unit. The court was satisfied that the agreement was appropriate to approve, as it provided for fair and reasonable terms and conditions for the employees involved. The court approved the agreement, making it binding on the parties from the date of the order.

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