DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5863)

GERARD O’FLYNN PTY T/AS O’FLYNN BUILDERS AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the Gerard O'Flynn Pty T/As O'Flynn Builders and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Gerard O’Flynn Pty T/As O’Flynn Builders and CFMEU Union Collective Agreement 2018 - 2022 (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-Queensland Branch. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch applied to the Fair Work Commission for approval of the Gerard O'Flynn Pty T/As O'Flynn Builders and CFMEU Union Collective Agreement 2018 - 2022. The application was heard by Commissioner K. G. Gray on 14 October 2021. The legal issues before the Commission were whether the collective agreement met the statutory requirements for approval and whether the agreement would have an adverse effect on the business of Gerard O'Flynn Pty Ltd. The Commission found that the collective agreement met the statutory requirements for approval and that it would not have an adverse effect on the business of Gerard O'Flynn Pty Ltd. The Commission was satisfied that the agreement provided for a fair and efficient workplace, and that it would not have a detrimental effect on the business of the employer. The Commission approved the collective agreement, which will now be registered and enforceable under the Fair Work Act 2009.

The Fair Work Commission considered the provisions of the Fair Work Act 2009 and the relevant regulations in reaching its decision. The Commission noted that the agreement provided for a fair and efficient workplace, and that it would not have a detrimental effect on the business of the employer. The Commission was satisfied that the agreement provided for reasonable terms and conditions of employment, and that it would not have an adverse effect on the employer's ability to conduct its business. The Commission also considered the views of the parties and the evidence presented before it in reaching its decision. The Commission found that the agreement was in the best interests of the employees and the employer, and that it would provide for a fair and efficient workplace. The Commission approved the collective agreement, which will now be registered and enforceable under the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established