DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6658)

GUMCHEL PTY LTD T/A HI-RISE ACCESS SPECIALISTS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2015

Application for approval of the Gumchel Pty Ltd t/a Hi-Rise Access Specialists and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the Gumchel Pty Ltd T/A Hi-Rise Access Specialists and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with Gumchel Pty Ltd t/as Hi-Rise Access Specialists. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The legal issues centred on whether the agreement complied with the provisions of the Act, particularly in relation to its coverage, the bargaining process, and its enforceability. The CFMEU argued that the agreement was valid and should be approved, while Gumchel contended that certain provisions were invalid due to procedural irregularities and potential breaches of the Act.

The FWC examined the procedural aspects of the bargaining process, including whether the agreement was made in good faith and whether the requisite majority of employees were involved in the negotiations. The Commission also assessed the substantive content of the agreement, ensuring that it did not include terms that would undermine employees' rights or lead to an unjust outcome. After a thorough review, the FWC found that the agreement was made in compliance with the relevant legislative provisions and did not contain any terms that contravened the Act. The FWC concluded that the agreement was valid and should be approved.

In its decision, the FWC emphasised the importance of fair and transparent bargaining processes and the need for agreements to be enforceable and beneficial to the employees they cover. The Commission highlighted that the agreement in question met these criteria, thereby warranting approval. The decision underscored the FWC's role in ensuring that collective agreements are fair and comply with the statutory requirements. The CFMEU's application for approval of the collective agreement was granted, and the agreement was certified as meeting the necessary standards under the Fair Work Act.

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