DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4540)

GHR SETTLEMENT (THE TRUSTEE FOR) T/AS GEELONG HANDRAIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the GHR Settlement (The Trustee For) T/As Geelong Handrail 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 GHR Settlement (The Trustee For) T/As Geelong Handrail 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the Geelong Handrail Pty Ltd, represented by its trustee, for the approval of a settlement reached with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the terms of an enterprise agreement for the period 2016-2018, specifically whether the agreement met the legal requirements under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The court was required to determine whether the settlement agreement was a bona fide enterprise agreement as defined by the Act. This involved examining whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and whether it had been fairly negotiated. The court also had to consider whether the process by which the agreement was reached complied with the procedural requirements set out in the legislation.

The Fair Work Commission examined the evidence presented by both parties regarding the negotiation process and the content of the agreement. The court found that the agreement had been negotiated in good faith and contained all the minimum terms required by the Act. It also determined that the process by which the agreement was reached was fair and complied with the relevant legislative requirements. Based on these findings, the court approved the settlement agreement.

In light of the approval, the court made orders confirming the Geelong Handrail Pty Ltd and the Construction, Forestry, Mining and Energy Union's enterprise agreement for the period 2016-2018. The agreement was recognised as a legally binding enterprise agreement, and both parties were bound by its terms. The decision effectively resolved the dispute and provided clarity on the terms of the employment relationship between Geelong Handrail Pty Ltd and its employees represented by the union.

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