DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10419)

GANTEL GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 JANUARY 2015

Application for approval of the Gantel Group Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Gantel Group Pty Ltd / CFMEU Collective Agreement 2014 - 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Gantel Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement was for the period between 2014 and 2017 and sought to address various terms and conditions of employment for workers within the scope of the agreement. The legal issues before the commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion.

The commission began its analysis by considering the formal requirements for a collective agreement under the Fair Work Act. It found that the agreement met the necessary criteria, including the presence of good faith bargaining and the absence of any coercive conduct. The commission also examined the substantive terms of the agreement, including wages, hours of work, and other conditions of employment. It concluded that the agreement provided for a fair and reasonable set of terms and conditions that were not overly onerous for either party. The commission also considered whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations. It found that the agreement achieved this objective by providing for clear and concise terms that facilitated the efficient operation of the workplace.

The commission approved the collective agreement, finding that it met all the necessary legal requirements and was likely to promote harmonious, productive, and cooperative workplace relations. The decision was based on a careful analysis of the formal and substantive requirements for a collective agreement under the Fair Work Act. The commission's decision was a positive outcome for both parties, as it provided certainty and stability in the workplace for the duration of the agreement. The final orders of the commission included the approval of the collective agreement and a direction that the agreement be registered with the Fair Work Commission.

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