DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4099)

GABBA WATERPROOFING PTY LTD AND THE CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Gabba Waterproofing Pty Ltd and the CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gabba Waterproofing Pty Ltd and the CFMEU Union Collective Agreement 2015 - 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Gabba Waterproofing Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The central issue before the Commission was whether the collective agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it provided for the proper operation of an enterprise, and whether it complied with the provisions of the Act concerning employee entitlements and conditions.

The Commission examined the processes through which the agreement was negotiated and concluded that the collective bargaining process was conducted in good faith. The Commission found that the agreement contained provisions that were fair and reasonable, taking into account the needs of both parties and the broader economic context. Furthermore, the Commission determined that the agreement facilitated the proper operation of the enterprise by providing clarity on the terms and conditions of employment. The Commission also reviewed the agreement against the provisions of the Act to ensure compliance with mandatory employee entitlements, such as minimum wage rates, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement adhered to these statutory requirements.

In conclusion, the Fair Work Commission approved the collective agreement between Gabba Waterproofing Pty Ltd and the Construction, Forestry, Mining and Energy Union. The Commission found that the agreement was made in good faith, provided for the proper operation of the enterprise, and complied with the provisions of the Fair Work Act 2009. The final orders of the Commission mandated that the agreement be registered and enforced as a binding instrument between the parties, effective from the specified commencement date.

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