DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3125)

G2G GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2018

Application for approval of the G2G GROUP 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 G2G GROUP 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 2 August 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 an enterprise agreement between G2G Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was proposed to govern the terms and conditions of employment for employees within the G2G Group for the period 2016 to 2018. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues that the Commission had to decide included whether the agreement was fairly negotiated, whether it complied with the provisions of the Fair Work Act, and whether it adhered to the relevant minimum standards set out in the National Employment Standards and the applicable awards. The Commission also needed to determine if the agreement contained terms that were contrary to public policy.

The Fair Work Commission concluded that the agreement was fairly negotiated and complied with the statutory requirements. The Commission found that the agreement contained terms that were no less favourable than the relevant awards and the National Employment Standards. The Commission further determined that the agreement did not contain any terms that were contrary to public policy. Therefore, the application for approval of the enterprise agreement was successful. The Commission certified the agreement, making it legally binding on the parties from the specified commencement date.

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