DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4226)

GAVCON GROUP AUSTRALIA INVESTMENT TRUST (ATF) T/AS GAVCON GROUP AUSTRALIA PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 AUGUST 2015

Application for approval of the Gavcon Group Australia Investment Trust (ATF) T/As Gavcon Group Australia Pty Ltd and the CFMEU Rigger / Steel Erector 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 Rigger / Steel Erector 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 10 August 2015 and, in accordance with s.54, will operate from 17 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 case before the Fair Work Commission involved an application for the approval of the Gavcon Group Australia Investment Trust (ATF) T/As Gavcon Group Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2015. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009, including provisions for employee protections and procedural fairness.

The central legal issue was whether the enterprise agreement complied with the requirements set forth in the Fair Work Act, particularly sections concerning the procedural fairness in the agreement-making process. This included an assessment of whether the union had properly represented the employees and whether the process had been conducted in a manner that allowed for genuine consultation and negotiation.

The Commission examined the evidence presented regarding the agreement-making process. It considered whether the union had followed the necessary steps to ensure that the agreement reflected the interests of the employees and whether there had been any procedural flaws. The Commission concluded that the process was generally fair and that the union had acted appropriately in representing the employees. The agreement was found to meet the statutory requirements and was approved, with the Commission emphasising the importance of procedural fairness in future negotiations.

The Fair Work Commission approved the Gavcon Group Australia Investment Trust (ATF) T/As Gavcon Group Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2015. The Commission's decision highlighted the necessity for procedural fairness in the agreement-making process and noted that the union had fulfilled its obligations 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