DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3687)

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

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

Application for approval of the Gavcon Group 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 Gavcon Group 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. 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 July 2016 and, in accordance with s.54, will operate from 12 July 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 Construction, Forestry, Mining and Energy Union, on behalf of its members, and Gavcon Group Pty Ltd sought approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, presided over by Deputy President K. M. O’Brien. The legal issues central to the dispute revolved around the fairness and validity of the proposed enterprise agreement, particularly concerning the terms and conditions it established for employees within the specified classifications. The union and the employer argued that the agreement was fair and in line with industrial standards, while potential objectors contended that certain provisions did not meet the required fairness test.

Upon reviewing the application, Deputy President O'Brien assessed the agreement against the criteria set forth in the Fair Work Act 2009. The key considerations included whether the agreement provided for fair wages and conditions, and if it was free from any improper influence or coercion. The analysis also took into account the views of both the union and the employer, as well as any submissions from objectors. The Deputy President concluded that the agreement met the fairness test and did not contain any unfair provisions. The terms and conditions outlined in the agreement were deemed reasonable and appropriate for the employees covered by the agreement.

Given the findings, Deputy President O'Brien approved the Rigger/Steel Erector Enterprise Agreement 2016-2018, effective from the date of the decision. The approval was based on the conclusion that the agreement was fair and met the legal standards required by the Fair Work Act. This decision ensures that the terms and conditions of employment for the specified classifications are legally binding and enforceable.

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