DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5761)

GREATER GROUP RESOURCES PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Greater Group Resources Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Greater Group Resources Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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 13 December 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Greater Group Resources Pty Ltd and the Construction, Forestry, Mining and Energy Union Shop Fitting Manufacturing Enterprise Agreement 2015-2018, the Fair Work Commission was required to determine whether the agreement should be approved. The applicant, Greater Group Resources Pty Ltd, sought approval of the agreement, while the respondent, the Construction, Forestry, Mining and Energy Union, opposed the application on various grounds. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue before the Fair Work Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The respondent argued that the agreement failed to meet the "better off overall test" and contained provisions that were not genuinely agreed upon by the parties. The Commission needed to assess the fairness and genuineness of the agreement and determine if it met the statutory requirements for approval.

In reaching its decision, the Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement had been genuinely agreed upon by the parties and that the employees were, on balance, better off overall as a result of the agreement. The Commission also considered the provisions of the agreement and concluded that they were not inconsistent with any relevant laws or public policy. Consequently, the Fair Work Commission approved the enterprise agreement, finding it met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission's final order was the approval of the Greater Group Resources Pty Ltd and the Construction, Forestry, Mining and Energy Union Shop Fitting Manufacturing Enterprise Agreement 2015-2018. This decision confirmed the agreement's validity and enforceability, providing certainty for both the employer and employees involved in the agreement.

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