Construction, Forestry, Mining and Energy Union

[2013] FWCA 6611

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2655)

GCN OPERATIONS PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 SEPTEMBER 2013

Application for approval of the GCN Operations Pty Limited/CFMEU Collective Agreement 2013 - 2015.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the GCN Operations Pty Limited/CFMEU Collective Agreement 2013-2015.

[2] The application was lodged by the Construction, Forestry, Mining and Energy Union and is a Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 30 August 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2013. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with GCN Operations Pty Limited for the period 2013-2015. The application was made to the Fair Work Commission, an Australian industrial relations tribunal. The primary dispute centred on whether the collective agreement met the requirements under the Fair Work Act 2009 and whether it complied with the principles of good faith bargaining and fairness. The agreement in question involved terms and conditions for employees working in the construction, forestry, mining, and energy sectors.

The court had to determine if the agreement adhered to statutory provisions, particularly in relation to the mandatory subjects of bargaining, and if it was made in good faith. The court also needed to ensure that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Additionally, the court examined if the agreement contained clauses that were potentially contrary to public policy or that could be considered vexatious or oppressive.

The Fair Work Commission found that the collective agreement was made in good faith and contained terms that were fair and reasonable. The agreement was comprehensive, covering a wide range of employment conditions and was deemed to comply with the statutory requirements under the Fair Work Act. The court approved the collective agreement, emphasising the importance of good faith bargaining and the need for fair and balanced outcomes for both parties.

The court ordered the approval of the GCN Operations Pty Limited/CFMEU Collective Agreement for the period 2013-2015. This decision affirmed the validity of the agreement and allowed it to be implemented as a legally binding contract between the employer and the union. The approval signified the court's recognition of the agreement's compliance with industrial relations laws and its fairness to the employees and employer involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established