DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4214)

GAVCON GROUP AUSTRALIA INVESTMENT TRUST (ATF) T/AS GAVCON GROUP AUSTRALIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the Gavcon Group Australia Investment Trust (ATF) T/As Gavcon Group Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gavcon Group Australia Investment Trust (ATF) T/As Gavcon Group Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 11 August 2015 and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Gavcon Group Australia Investment Trust for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Construction, Forestry, Mining and Energy Union opposed the application. The case was heard in the Fair Work Commission, a tribunal with specific jurisdiction over employment and industrial relations matters in Australia.

The primary legal issues the court had to resolve were whether the agreement met the requirements set forth in the Fair Work Act 2009 for being registered and approved by the Commission. Specifically, the court had to determine if the agreement contained all the mandated minimum terms and conditions, and if it was fair and reasonable in terms of its provisions and its process of formation. Additionally, the court needed to assess whether the union had genuinely bargained for the terms of the agreement and if the process of agreement formation was free from any improper conduct or undue influence.

In its decision, the court meticulously examined the agreement to ensure it contained all necessary minimum terms, which included provisions on wages, hours of work, leave, and other employment conditions. The court also evaluated the fairness of the agreement's terms and the process by which it was formed, considering the union's role and the evidence presented regarding the negotiation process. The court found that the agreement met all the legislative requirements and was both fair and reasonable. It also concluded that the union had genuinely bargained for the terms and that there was no evidence of improper conduct or undue influence. Based on these findings, the court approved the agreement.

As a result of the court's approval, the Gavcon Group Australia Investment Trust (ATF) T/As Gavcon Group Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 were officially registered and became legally binding on the parties 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