Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7812

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10722)

GAVCON GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 OCTOBER 2013

Application for approval of the Gavcon Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Gavcon Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). 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 CFMEU 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, will operate from 15 October 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement with the Gavcon Group Pty Ltd for the period 2011-2015. The dispute was heard in the Fair Work Commission, an Australian independent statutory body that resolves employment disputes. The central issue before the Commission was whether the agreement was in compliance with the Fair Work Act 2009, particularly focusing on the mandatory provisions outlined in Schedule 2 of the Act. The CFMEU argued that the agreement met all statutory requirements, while Gavcon Group contested certain provisions, asserting that they did not align with the provisions of the Act.

The Commission examined whether the agreement appropriately addressed minimum entitlements, including rates of pay, penalty rates, maximum weekly hours, and other conditions as required by the Act. The Commission also assessed the procedural fairness in the agreement's formation, ensuring that proper consultation and negotiation processes were followed. The CFMEU provided evidence that all mandatory bargaining procedures were adhered to, and the agreement was the result of genuine negotiations between the parties. The Gavcon Group's objections primarily focused on specific clauses they believed were inconsistent with the Act's requirements.

In its decision, the Commission found that the majority of the agreement complied with the statutory mandatory provisions. The Commission noted that while some minor issues were identified, they did not significantly impact the overall compliance of the agreement. The procedural fairness of the negotiations was upheld, and the Commission was satisfied that the agreement was a fair and reasonable outcome of the bargaining process. Consequently, the Commission approved the Gavcon Group Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, subject to the minor amendments required to address the identified compliance issues.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established