Construction, Forestry, Mining and Energy Union

[2014] FWCA 4662

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1422)

GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the GVK NSW Reo 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 has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of a collective agreement with GVK NSW Reo Pty Ltd. The disagreement arose from the union's request for the approval of a collective agreement which included terms and conditions for employees under GVK NSW Reo Pty Ltd's employment. The Fair Work Commission was tasked with deciding whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement adhered to the good faith bargaining provisions, whether it provided for a genuine resolution of the issues in dispute, and if it met the requirements for being in the best interests of the employees. Additionally, the Commission examined if the agreement was consistent with the provisions of the Act and the relevant award or registered agreement.

The Commission found that the agreement met the necessary criteria for approval. It concluded that the agreement was the product of good faith bargaining and genuinely resolved the issues in dispute. Furthermore, the Commission determined that the agreement was in the best interests of the employees and complied with the requirements of the Act and the relevant award or registered agreement. The Commission highlighted the union's efforts to ensure that the agreement reflected the needs of the employees and that the employer had demonstrated a willingness to engage in the bargaining process. Based on these findings, the Commission approved the collective agreement.

The Fair Work Commission approved the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2014-2017, effective from 1 April 2014 to 31 March 2017. This decision marks a significant step in the ongoing efforts to ensure fair and equitable working conditions for employees within the construction, forestry, mining, and energy sectors in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established