DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/790)

GBG CONCRETE & CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the GBG Concrete & Construction 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 GBG Concrete & Construction 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 5 April 2018. The nominal expiry date of the Agreement is 30 June 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 GBG Concrete & Construction 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 234 of the Fair Work Act 2009, with the Fair Work Commission acting in its capacity as the relevant federal court. The applicant, GBG Concrete & Construction Pty Ltd, sought approval of the enterprise agreement, which was intended to regulate the terms and conditions of employment for its employees covered by the agreement.

The central legal issues before the Commission involved the compliance of the proposed enterprise agreement with the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement met the procedural requirements for registration, whether it provided for a fair and efficient workplace, and whether it satisfied the ‘better off overall test’. Additionally, the Commission considered the impact of the agreement on employees' rights and the fairness of the terms and conditions it proposed.

In delivering its decision, the Commission found that the enterprise agreement was compliant with the statutory requirements. The Commission noted that the agreement was the result of good faith negotiations between the parties and contained provisions that were fair and efficient. The Commission was satisfied that the agreement met the ‘better off overall test’, as the majority of employees covered by the agreement would be no worse off and at least some would be better off financially under the proposed terms. The Commission also confirmed that the agreement did not adversely affect employees' rights and provided for appropriate protections and entitlements. As a result, the Commission approved the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act.

The Fair Work Commission granted the application and approved the GBG Concrete & Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 for registration. The decision was made on the basis that the agreement complied with the statutory requirements, was the result of good faith negotiations, and satisfied the ‘better off overall test’. The approved enterprise agreement is now binding on the parties and provides a framework for the terms and conditions of employment for the employees covered by the agreement.

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