DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4815)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 AUGUST 2016

Application for approval of the GTC ENGINEERING 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 GTC ENGINEERING 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 15 August 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 matter before the Fair Work Commission involved an application for the approval of the GTC Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in terms of its coverage, negotiation process, and the content of the agreement. The Commission was tasked with assessing if the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees covered by it.

The legal issues that the Commission needed to address included whether the agreement was genuinely negotiated between the parties, if it covered all relevant employees, and whether the terms of the agreement were fair and reasonable. The Commission also had to consider if the agreement met the statutory obligations under the Fair Work Act, including the requirement for the agreement to provide for the terms and conditions of employment in a fair and reasonable manner. The negotiation process and the coverage of the agreement were key points of contention in this case.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and that it covered all relevant employees. The Commission was satisfied that the terms of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The Commission noted that the negotiation process was transparent and that the parties had engaged in good faith. Consequently, the Commission approved the Enterprise Agreement, finding it to be compliant with the statutory requirements of the Fair Work Act. The decision confirmed the validity of the agreement, allowing it to be registered and enforced.

The final orders of the Commission were that the GTC Engineering Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered. This decision enabled the agreement to take effect and be used as the basis for the employment conditions of the employees covered by the agreement. The Commission's approval was a formal recognition that the agreement met all necessary legal standards for negotiation and content.

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