DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2115)

GRANTEE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 JUNE 2018

Application for approval of the Grantee Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Grantee Pty Ltd / CFMEU Collective Agreement 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 12 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Grantee Pty Ltd arose due to a collective agreement reached in 2018. The case was brought before the Fair Work Commission to seek approval of the agreement. The agreement in question outlines the terms and conditions of employment for the employees of Grantee Pty Ltd, a company within the construction industry. The CFMEU, as the relevant trade union, negotiated the agreement on behalf of the employees. The commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the collective agreement complied with the statutory requirements for approval and whether the agreement was in the best interests of the employees. The commission had to consider the agreement's provisions, the process by which it was negotiated, and whether it offered a fair and reasonable outcome for the employees. The commission also had to ensure that the agreement did not unfairly discriminate against any group of employees or contravene any relevant provisions of the Fair Work Act.

After examining the evidence and submissions from both parties, the commission found that the agreement was compliant with the statutory requirements and was in the best interests of the employees. The commission noted that the agreement had been negotiated in good faith and that it provided a fair and reasonable outcome for the employees. The commission also found that the agreement did not unfairly discriminate against any group of employees and did not contravene any relevant provisions of the Fair Work Act. Based on these findings, the commission approved the collective agreement, and it is now legally binding on both parties.

No further orders were made by the commission, as the primary objective of the application had been achieved. The approval of the collective agreement allows Grantee Pty Ltd and the CFMEU to move forward with the implementation of the agreed terms and conditions of employment for the employees, providing a stable and predictable working environment for all parties involved.

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