DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4543)

G & C HORSBURGH FAMILY TRUST T/AS G & C INSTALLATIONS 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 G & C Horsburgh Family Trust T/As G & C Installations 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 G & C Horsburgh Family Trust T/As G & C Installations 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMU) and the G & C Horsburgh Family Trust, trading as G & C Installations Pty Ltd, applied to the Fair Work Commission (FWC) for approval of the Enterprise Agreement 2016-2018. The agreement sought to establish terms and conditions for employees in the electrical, telecommunications, and associated trades sectors. The FWC was required to consider whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement contained all the minimum terms and conditions required by law, and whether the agreement was made in good faith and without the coercion of any party. Additionally, the FWC had to assess if the agreement was fair and reasonable in the context of the employees' working conditions and the broader economic environment. This involved a detailed examination of the provisions within the agreement and the process by which it was negotiated.

In reaching its decision, the FWC evaluated the specific provisions of the agreement, including wages, hours of work, and other employment terms. The FWC found that the agreement included all necessary minimum terms and was made in good faith. The Commission was satisfied that the agreement was fair and reasonable, considering the evidence presented and the context of the industry. Consequently, the FWC approved the agreement, ensuring that it met all legal requirements and provided an equitable outcome for both employers and employees.

The FWC's final order was to approve the Enterprise Agreement 2016-2018 between the CFMU and the G & C Horsburgh Family Trust, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment of workers in the relevant sectors for the duration of the agreement.

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