DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/992)

THE TRUSTEE FOR GVC CONCRETE SOLUTIONS TRUST T/A GVC CONCRETE SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of The Trustee for GVC Concrete Solutions Trust T/A GVC Concrete Solutions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as The Trustee for GVC Concrete Solutions Trust T/A GVC Concrete Solutions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and The Trustee for GVC Concrete Solutions Trust T/A GVC Concrete Solutions Pty Ltd. The matter concerned the application for approval of the CFMEU Union Collective Agreement 2015-2019. The Fair Work Commission (FWC) was the court responsible for hearing the case.

The legal issues the FWC needed to address centred on whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and efficient workplace, covered appropriate terms and conditions, and adhered to procedural fairness. A critical issue was whether the agreement was in the best interests of the employees and if it complied with all relevant legislative provisions.

The FWC found that the agreement was fair and efficient and met all statutory requirements. The Commission considered the provisions of the agreement, the nature of the industry, and the bargaining positions of the parties. The FWC also concluded that the agreement was in the best interests of the employees, as it provided for fair terms and conditions of employment. As a result, the FWC approved the CFMEU Union Collective Agreement 2015-2019.

The FWC's final order was to approve the CFMEU Union Collective Agreement 2015-2019, effective from the date of the decision. This decision allowed the agreement to be implemented, providing a clear framework for the employment relationship between the CFMEU and GVC Concrete Solutions.

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