DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5605)

GOS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the GOS Australia 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 GOS Australia 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, 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, 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 22 September 2016. 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 Construction, Forestry, Mining and Energy Union (CFMU) sought approval for an enterprise agreement with GOS Australia Pty Ltd, which was opposed by the Australian Building and Construction Commission (ABCC). The Federal Court of Australia was tasked with determining whether the agreement met the necessary criteria for approval. The primary legal issue before the court was whether the agreement satisfied the requirements set out in the Fair Work Act 2009, particularly focusing on whether it contained provisions for minimum rates of pay and conditions, and whether it complied with the procedural requirements for approval. The court examined the contents of the agreement to ascertain if it met the statutory obligations for minimum standards and procedural fairness.

The court found that the agreement contained all the required provisions for minimum rates of pay and conditions, as stipulated by the Fair Work Act. It also determined that the necessary procedural steps for seeking approval were followed correctly. The court held that there was no procedural defect in the application and that the agreement was consistent with the legal requirements. As such, the court approved the enterprise agreement, acknowledging that it met all the statutory and procedural criteria.

The court's decision was based on a detailed examination of the agreement and the applicable legal framework. The court found no grounds for refusing approval, and therefore, granted the application for approval of the enterprise agreement. The final orders of the court were that the GOS Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved in accordance with the Fair Work Act 2009.

Construction, Forestry, 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