Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5198)

Gamuda Geo (Australia) Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 DECEMBER 2022

Application for approval of the Gamuda Geo (Australia) Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of a greenfields agreement known as the Gamuda Geo (Australia) Pty Ltd / CFMEU Collective Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Gamuda Geo (Australia) Pty Ltd, a company in the geotechnical services sector. The parties sought approval of their collective agreement for the period 2022-2025. The Fair Work Commission, exercising its jurisdiction under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary standards to be approved and registered. The CFMEU, representing workers in the construction and related industries, and Gamuda Geo, sought to formalise their industrial relations terms through this agreement.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the statutory requirements for approval. This included examining if the agreement was made in good faith and if it provided for the fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement aligned with the overarching principles of the Fair Work Act, such as the protection of workers' rights and the promotion of cooperative workplace relations.

In delivering its decision, the Commission closely reviewed the terms of the agreement, taking into account the submissions from both parties. It found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission noted the efforts made by both parties to negotiate in a cooperative manner and the alignment of the agreement with broader workplace standards and statutory objectives. Consequently, the Commission approved the collective agreement, recognising its compliance with the necessary legislative criteria and its potential to foster harmonious industrial relations.

The Fair Work Commission approved the Gamuda Geo (Australia) Pty Ltd / CFMEU Collective Agreement 2022-2025, registering it under the Fair Work Act. This decision formalised the agreement, providing a clear framework for the terms and conditions of employment between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established