DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/416)

SUPERIOR GANTRY HIRE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

Application for approval of the Superior Gantry Hire Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Superior Gantry Hire 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 22 March 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 matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Superior Gantry Hire Pty Ltd, concerning the approval of their collective agreement for the period 2015 to 2019. The dispute centred on whether the agreement should be approved under the Fair Work Act 2009, given that the CFMEU claimed it represented a majority of the relevant employees in Superior Gantry Hire Pty Ltd. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues the court had to address were whether the CFMEU genuinely represented the majority of the employees and if the agreement complied with the statutory requirements of the Fair Work Act. The court needed to consider the evidence presented on the union's majority status and the contents of the agreement itself, ensuring it met all necessary conditions for approval. The court also had to determine if the agreement provided adequate protections and benefits to the employees.

After examining the evidence and arguments presented, the court concluded that the CFMEU did indeed represent a majority of the employees. It found that the collective agreement met all statutory requirements and provided fair terms and conditions for the employees. The court was satisfied that the agreement was fair and reasonable, and thus approved the collective agreement. The decision was made in line with the principles of fairness and the objectives of the Fair Work Act.

The final orders of the court were that the CFMEU Union Collective Agreement 2015 - 2019 be approved, recognising it as a valid agreement between the CFMEU and Superior Gantry Hire Pty Ltd. The approval was granted on the basis that the agreement met all legislative requirements and was in the best interest of the employees.

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