DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3688)

GAVCON GROUP AUSTRALIA INVESTMENT TRUST T/AS GAVCON GROUP AUSTRALIA 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 Australia Investment Trust T/As Gavcon Group Australia 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 Australia Investment Trust T/As Gavcon Group Australia 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Gavcon Group Australia Investment Trust, trading as Gavcon Group Australia Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the terms of the Rigger/Steel Erector Enterprise Agreement 2016-2018, specifically whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the enterprise agreement complied with the good faith bargaining requirements, if the agreement was in the best interests of the employees, and whether the agreement was certified as a simple or low-complexity enterprise agreement. Additionally, the court needed to consider if the agreement provided for proper consultation and if it met the criteria for approval under section 233 of the Act.

In its decision, the Fair Work Commission found that the enterprise agreement was made in good faith and was in the best interests of the employees. The court noted that the parties had engaged in proper consultation and bargaining processes. The agreement was certified as a low-complexity enterprise agreement, which streamlined the approval process. The Commission concluded that the agreement met all the necessary legislative requirements and granted approval for the Rigger/Steel Erector Enterprise Agreement 2016-2018.

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