DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/441)

G & H PLANT HIRE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 MARCH 2016

Application for approval of the G & H Plant 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 G & H Plant Hire Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 8 March 2016 and, in accordance with s.54, will operate from 15 March 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and G & H Plant Hire Pty Ltd. The union sought approval for a collective agreement covering the period from 2015 to 2019. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace entitlements, as outlined in the proposed agreement.

The primary legal issues before the Commission were whether the terms of the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether they were in the best interests of the employees. The Commission had to consider whether the agreement met the requirements for approval under the Act, including ensuring that it provided for fair and reasonable terms and conditions of employment and did not unfairly disadvantage any party.

The Commission found that the proposed collective agreement complied with the Fair Work Act and was in the best interests of the employees. The agreement contained provisions that were fair and reasonable, and it did not contain any terms that were contrary to public policy or that unfairly disadvantaged any party. The Commission noted that the agreement provided for wage increases, improved working conditions, and other benefits for the employees, and it considered that these terms were reasonable and appropriate in the circumstances. The Commission also found that the agreement provided for a fair and efficient workplace, with appropriate mechanisms for resolving disputes and addressing workplace issues. The Commission approved the collective agreement, subject to certain conditions and modifications to address minor concerns raised during the hearing.

The Fair Work Commission approved the G & H Plant Hire Pty Ltd and CFMEU Union Collective Agreement 2015-2019, subject to certain conditions and modifications. The approval was based on the findings that the agreement was fair and reasonable and in the best interests of the employees. The Commission also imposed certain conditions on the agreement to ensure that it was implemented effectively and that any disputes arising under the agreement were resolved in a fair and timely manner. The approval of the collective agreement provided certainty and stability for both the employees and the employer, and it reflected the parties' commitment to fair and reasonable terms and conditions of employment.

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