DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3685)

GAVCON GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) 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) 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) 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

In this case, the Construction, Forestry, Mining and Energy Union sought approval for the Gavcon Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the negotiation and subsequent application for approval of the enterprise agreement between the union and the employer. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely negotiated between the parties and if it met the procedural and substantive requirements for approval. The union and the employer argued that the agreement was fairly negotiated and included terms that were fair and reasonable, while concerns were raised about the negotiation process and certain terms of the agreement.

The Commission examined the evidence and submissions from both parties, considering the procedural fairness of the negotiation process and the substantive terms of the agreement. The Commission found that while there were procedural issues during the negotiation, the overall process was genuine and the terms of the agreement were fair and reasonable. The Commission approved the enterprise agreement, recognising the need for a balance between procedural fairness and the ability of parties to negotiate terms that reflect their specific circumstances.

The Fair Work Commission approved the Gavcon Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision acknowledged the procedural shortcomings in the negotiation process but ultimately found that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The terms of the agreement were deemed fair and reasonable, taking into account the specific context of the parties involved.

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