DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7137)

GVK QLD REO PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2015

Application for approval of the GVK Qld Reo Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (The Agreement).

[1] An application has been made for approval of an enterprise agreement known as the GVK Qld Reo 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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 December 2015 and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved GVK Qld Reo Pty Ltd and the Construction, Forestry, Mining and Energy Union. The central issue was the approval of a collective agreement for the period of 2015 to 2019. This application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The union and the employer had reached a negotiated agreement, and the question before the Commission was whether this agreement contained all the required terms and conditions and complied with the relevant industrial legislation.

The legal issues at hand revolved around the comprehensiveness of the agreement and its compliance with the Fair Work Act 2009. Specifically, the Commission needed to assess whether the Agreement included all the mandatory terms as required by the legislation and if it adhered to the principles of good faith bargaining and fairness. Additionally, the court had to consider whether the terms were reasonable and whether the agreement appropriately balanced the interests of both the employer and the employees.

In delivering its decision, the Commission examined the provisions of the Agreement and found that it contained all the mandatory terms stipulated by the Fair Work Act. The Commission also noted that the agreement was the product of good faith bargaining and was fair and reasonable in its terms. The Commission concluded that the Agreement met all the necessary legal standards and approved it. The court's decision was grounded in the understanding that the Agreement appropriately balanced the interests of both parties and complied with the legislative requirements.

The final orders of the Commission were that the GVK Qld Reo Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 be approved in its entirety. The Commission's approval was contingent upon the continued adherence to the terms of the agreement by both parties, and any future disputes regarding the interpretation or application of the agreement would be subject to the procedures set out within the agreement itself.

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