DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10168)

GAVCON CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Gavcon Constructions Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Gavcon Constructions 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with Gavcon Constructions Pty Ltd, covering the period from 2014 to 2017. The application was made under the Fair Work Act 2009, specifically section 235, which allows for the registration of an enterprise agreement by the Fair Work Commission (FWC). The CFMEU sought to have the agreement recognised as a registered agreement that would supersede any existing agreements and govern the employment conditions for workers in the construction industry covered by the agreement.

The primary legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act and whether the process by which the agreement was negotiated and agreed upon was fair and lawful. The CFMEU argued that the agreement was a fair reflection of the bargaining process and contained provisions that were reasonable in all the circumstances. Conversely, Gavcon Constructions Pty Ltd questioned the fairness and validity of certain provisions and the process leading to the agreement.

The FWC considered the evidence and submissions from both parties, examining the process of negotiation, the content of the agreement, and compliance with the legal framework. The FWC found that the agreement was negotiated in good faith and contained provisions that were fair and reasonable, taking into account the interests of both employers and employees. The FWC also determined that the process leading to the agreement was lawful and compliant with the requirements of the Fair Work Act. Consequently, the FWC approved the Gavcon Constructions Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

The FWC issued an order approving the collective agreement as a registered enterprise agreement, effective from the date of the decision. This decision ensures that the agreement governs the employment conditions for the workers covered by the agreement for the specified period, providing a stable and legally binding framework for industrial relations within the construction industry.

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