DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5113)

GSF NOMINEES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of the GSF Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the GSF Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 23 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Enterprise Agreement between GSF Nominees Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The Union sought to have the agreement, which outlined terms and conditions for its members, formally recognised and approved under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act for being made and if it complied with the Fair Work (Registered Organisations) Act 2009 concerning the representation of employees. Specifically, the Commission needed to determine if the agreement was genuinely made by the parties involved, whether it provided for the pay and conditions of employees fairly and reasonably, and if the union genuinely represented the employees in the bargaining process.

The Commission carefully examined the process through which the agreement was made and the evidence presented by both parties. It assessed whether the agreement fairly and reasonably provided for the employees' pay and conditions, taking into account the economic context and the bargaining power of the parties. The Commission also considered the representation of the employees by the union, ensuring that the union genuinely represented the employees during the bargaining process. Based on its findings, the Commission concluded that the agreement met the necessary criteria and approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between GSF Nominees Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018, confirming its compliance with the statutory requirements.

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