DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4517)

GGA AUSTRALIA PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the GGA Australia Pty Limited / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the GGA Australia Pty Limited / CFMEU Collective Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] GGA Australia Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The Agreement was approved on 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement entered into with GGA Australia Pty Limited. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically concerning the criteria for the approval of enterprise agreements under section 234 of the Act. The Fair Work Commission was tasked with determining whether the agreement met the procedural and substantive requirements for approval.

The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, and whether it had been made in accordance with the procedural requirements set out in the Act. Additionally, the Commission needed to consider if the agreement met the "better off overall test" under section 186 of the Fair Work Act, ensuring that employees would not be worse off by the terms of the agreement.

The Commission found that the agreement was genuinely an enterprise agreement and had been made in compliance with the procedural requirements of the Act. It was determined that the agreement satisfied the better off overall test, as the overall benefits to employees outweighed any detriments. The Commission concluded that the agreement was fair and reasonable and approved it, thereby resolving the dispute in favour of the CFMEU.

The Fair Work Commission approved the GGA Australia Pty Limited / CFMEU Collective Agreement 2015-2017. This decision confirmed the agreement's compliance with the procedural and substantive requirements of the Fair Work Act, and its overall fairness to the employees involved.

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