DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4798)

GSG (VIC) DISCRETIONARY TRUST (THE TRUSTEE FOR) T/AS GSG (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the GSG (Vic) Discretionary Trust (The Trustee For) T/As GSG (Vic) 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 GSG (Vic) Discretionary Trust (The Trustee For) T/As GSG (Vic) 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. 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 5 August 2016 and, in accordance with s.54, will operate from 12 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by the GSG (Vic) Discretionary Trust, trading as GSG (Vic) Pty Ltd, for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision was handed down by the Fair Work Commission, which has jurisdiction over employment matters under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the legal criteria for approval, specifically addressing issues of employee protections and procedural fairness in the negotiation process.

The central legal issues for the Commission to determine were whether the agreement had been made in accordance with the legislative requirements and whether it was in the best interests of the employees. The Commission had to consider whether the agreement was made genuinely and without coercion and whether it provided fair and reasonable terms for the employees. Additionally, the Commission examined if the negotiation process was fair and if the agreement was properly presented to the employees.

In examining the evidence, the Commission concluded that the agreement had been negotiated in good faith and without any coercion. The Commission found that the process was procedurally fair, and the terms of the agreement were reasonable and in the best interests of the employees. The evidence presented demonstrated that the agreement provided for fair and equitable terms and conditions of employment. Consequently, the Commission approved the enterprise agreement, recognising that it met the necessary legal standards and was beneficial for the employees involved.

The final orders of the Commission were to approve the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This approval signifies that the agreement can now be implemented, providing the employees with the terms and conditions outlined in the approved document.

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