DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5619)

GGA AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the GGA Australia Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the GGA Australia Pty Ltd / CFMEU Collective Agreement 2017-2018 (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] 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) 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 26 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application for the approval of the GGA Australia Pty Ltd / CFMEU Collective Agreement 2017-2018 before the Fair Work Commission. The agreement sought to establish terms and conditions of employment for workers at GGA Australia, a mining services company. The CFMEU argued that the terms of the proposed agreement were fair and reasonable, while GGA Australia contended that certain provisions were unreasonable and should not be approved.

The legal issues before the Commission included whether the proposed agreement met the criteria for approval under section 233 of the Fair Work Act 2009, specifically whether it provided for a fair and reasonable terms of employment, and whether certain provisions were unfair. The Commission needed to assess the provisions concerning shift patterns, rosters, and allowances, among others. It also needed to consider the balance of rights and obligations between the parties and whether the agreement was in the interests of the employees.

The Commission found that the majority of the provisions in the agreement were fair and reasonable, providing adequate protections and benefits for the employees. However, it identified several provisions that it considered unreasonable, including those concerning shift patterns and allowances. The Commission concluded that these provisions did not meet the requirements of section 233 of the Fair Work Act, as they did not provide for a fair and reasonable terms of employment. Consequently, the Commission refused to approve the agreement as a whole but certified certain provisions that it found to be fair and reasonable. This decision ensures that the terms and conditions of employment for the employees of GGA Australia are fair and reasonable, while also protecting the rights and interests of both 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