DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3676)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2018

Application for approval of the Gearon Civil 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 Gearon Civil 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 24 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Gearon Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought under section 235 of the Fair Work Act 2009. The dispute centred around whether the agreement met the criteria for approval as stipulated in the Act, specifically focusing on its procedural fairness and compliance with the good faith bargaining requirements.

The legal issues before the Commission were primarily procedural, examining whether the union had genuinely represented its members during the bargaining process and whether the employer had engaged in good faith bargaining. Additionally, the Commission had to determine if the agreement contained terms and conditions that were fair and reasonable and if the process by which the agreement was made was transparent and fair. The Commission also considered whether the agreement met the requirements of section 234 of the Fair Work Act.

The Commission, after thorough examination, found that the bargaining process had been conducted in good faith and that the union had genuinely represented its members. The Commission concluded that the agreement contained terms and conditions that were fair and reasonable and that the process by which the agreement was made was transparent and fair. The Commission approved the enterprise agreement under section 235 of the Fair Work Act. The employer and the union were required to take steps to give effect to the agreement as per the Commission's approval.

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