DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-New South Wales Branch
(AG2019/1679)

GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2019

Application for approval of the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2019 (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-New South Wales Branch. 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 13 June 2019. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union-New South Wales Branch and GVK NSW Reo Pty Ltd. The dispute centred around the application for approval of the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2019. The Fair Work Commission was the court tasked with deciding the matter. The primary legal issues before the Commission were whether the terms of the agreement complied with the Fair Work Act 2009 and whether the agreement had been made in good faith.

The Commission examined the fairness and appropriateness of the agreement's terms, focusing on whether they met the statutory requirements for approval. The Commission assessed if the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or safety net award. The Commission also evaluated whether the agreement was made in good faith, taking into account the bargaining positions of the parties, the nature of the agreement, and any evidence of coercion or undue influence.

After careful consideration, the Fair Work Commission approved the application for the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2019. The Commission found that the agreement was fair and reasonable, met the statutory requirements, and had been made in good faith. The Commission concluded that the agreement provided for terms and conditions of employment that were at least as favourable as the applicable award or safety net award. The Commission's decision was based on the evidence presented and the application of relevant legislation.

The final orders of the Fair Work Commission were that the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2019 be approved and registered under the Fair Work Act 2009. The agreement would then be in effect, governing the employment terms and conditions of the employees covered by the agreement.

Construction, Forestry, Maritime, Mining and Energy Union-New South Wales Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established