DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2362)

GOL CONSTRUCTION AND INVESTMENT PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 MARCH 2016

Application for approval of the GOL CONSTRUCTION AND INVESTMENT PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GOL CONSTRUCTION AND INVESTMENT PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 15 March 2016 and, in accordance with s.54, will operate from 22 March 2016. The nominal expiry date of the Agreement is 29 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and GOL Construction and Investment Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement, which was in dispute. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees. The CFMEU argued that the agreement was fair and reasonable, while GOL Construction and Investment Pty Ltd contended that certain provisions of the agreement were unfair and not in line with the statutory requirements.

The legal issues before the Fair Work Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees. The Commission had to consider whether the agreement contained provisions that were contrary to public policy or contravened any relevant legislation. The Commission also had to assess whether the agreement provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission found that the agreement did not meet the statutory requirements under the Fair Work Act 2009 and was not fair and reasonable. The Commission determined that certain provisions of the agreement were contrary to public policy and contravened relevant legislation. The Commission also found that the agreement did not provide for the fair and equitable treatment of employees. The Fair Work Commission refused to approve the agreement.

The Fair Work Commission's decision was based on its assessment of the agreement against the statutory requirements under the Fair Work Act 2009 and its consideration of whether the agreement provided for a fair and reasonable outcome for all parties involved. The Commission's decision was final and binding on the parties involved in the dispute.

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