DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4805)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 AUGUST 2016

Application for approval of the GTC Engineering Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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) Rigger/Steel Erector 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 12 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 concerned an application for approval of the GTC Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The parties had reached an agreement on the terms of the enterprise, but the application was subject to the approval of the Fair Work Commission under the Fair Work Act 2009. The union, CFMEU, argued in support of the agreement, while GTC Engineering Pty Ltd opposed the application.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including matters such as minimum wages, allowances, and other employment conditions. The Commission also considered the extent to which the agreement provided for the protection of employees' rights and interests and whether it aligned with the principles of the Australian labour market.

In its decision, the Commission found that the proposed enterprise agreement met the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for employees, including adequate wage rates and conditions of employment. The Commission also noted that the agreement contained provisions for dispute resolution and the protection of employees' rights and interests. Based on these findings, the Commission approved the application for the GTC Engineering Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

The Fair Work Commission approved the application for the GTC Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018, finding that it met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions for employees, including adequate wage rates and conditions of employment. The Commission also noted that the agreement contained provisions for dispute resolution and the protection of employees' rights and interests. As a result, the Commission approved the agreement, which will now apply to the relevant employees and employers.

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