DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/834)

GANELLEN PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 1 MAY 2015

Application for approval of the Ganellen Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Ganellen Pty Ltd / 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of a collective agreement with Ganellen Pty Ltd, dated between 2015 and 2017. The Fair Work Commission (FWC) was tasked with reviewing the agreement to determine whether it met the legal criteria for approval under the Fair Work Act 2009. The primary dispute centred on the terms of the agreement, specifically whether they adhered to the requirements for a lawful and fair workplace arrangement.

The legal issues before the FWC involved assessing whether the collective agreement provided fair and reasonable terms for the employees represented by the CFMEU. This required scrutiny of various provisions within the agreement, including wages, working conditions, dispute resolution mechanisms, and other employment-related terms. The FWC had to determine if the agreement complied with the provisions of the Fair Work Act, particularly those concerning the protection of employee rights and the promotion of workplace fairness.

The FWC evaluated the agreement by examining each clause against the statutory criteria set forth in the Fair Work Act. It considered whether the terms were fair and reasonable, taking into account the balance of rights and obligations, and the overall impact on the employees. After thorough examination, the FWC found that the agreement met the necessary legal standards and approved the collective agreement. The decision ensured that the terms of the agreement were fair, lawful, and conducive to maintaining a balanced relationship between the employer and the employees.

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