DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1086)

GDP GROUP PTY LTD T/AS GDP PROPERTY SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	CANBERRA, 16 APRIL 2018

Application for approval of the GDP Group Pty Ltd T/As GDP Property Services 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 GDP Group Pty Ltd T/As GDP Property Services 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 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and GDP Group Pty Ltd, who was trading as GDP Property Services. The dispute centres around the approval of the Enterprise Agreement between the CFMEU and GDP Group Pty Ltd for the years 2016 to 2018. The matter was brought before the Fair Work Commission.

The central legal issue in this case was whether the Enterprise Agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and whether it complied with the "better off overall test." This test ensures that employees are not disadvantaged by the agreement compared to their previous conditions of employment.

In delivering its decision, the Fair Work Commission examined the terms of the agreement, including wages, hours of work, and other conditions. The Commission found that the agreement did not meet the "better off overall test" for certain employees, as it would result in a reduction of their overall conditions. However, the Commission also recognised the public interest factors, such as the need for streamlined industrial relations processes, and the benefits to the parties involved in reaching an agreement. Balancing these factors, the Commission approved the agreement, with some modifications to ensure that no employee was worse off overall.

The Fair Work Commission approved the Enterprise Agreement between the CFMEU and GDP Group Pty Ltd for the period 2016-2018, subject to certain modifications to ensure compliance with the "better off overall test." The modifications included adjustments to the wages and conditions for some employees, as well as the introduction of a dispute resolution process. This decision demonstrates the Fair Work Commission's role in balancing the interests of employees, employers, and the public when approving Enterprise Agreements.

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