DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2015)

GLOBAL ASSET PROTECTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 JUNE 2017

Application for approval of the Global Asset Protection Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Global Asset Protection Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 22 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Global Asset Protection Pty Ltd were involved in a dispute over the approval of an enterprise agreement. The matter was brought before the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements in Australia. The CFMEU, representing employees in the construction, forestry, mining and energy sectors, and Global Asset Protection Pty Ltd, an employer in these industries, were seeking approval of their Enterprise Agreement for the period 2016-2018. The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the agreement was in the interests of the employees it was intended to cover.

The Commission carefully examined the provisions of the agreement, ensuring it complied with the legislative criteria for approval, including that it contained only permissible matters, did not discriminate, and was free from any unlawful content. The Commission also considered whether the agreement would provide better outcomes for the employees than the applicable awards and whether it was made in good faith. The Commission was satisfied that the agreement met the statutory requirements for approval and was in the interests of the employees it was intended to cover. The agreement was found to provide better outcomes for employees in terms of wages, conditions and protections compared to the relevant awards, and was made in good faith by both parties.

In its decision, the Commission approved the Enterprise Agreement between the CFMEU and Global Asset Protection Pty Ltd for the period 2016-2018. The approval was based on the findings that the agreement met the statutory requirements for approval and was in the interests of the employees it was intended to cover. The Commission acknowledged the efforts of both parties in reaching a mutually beneficial agreement and emphasised the importance of enterprise agreements in providing better outcomes for employees within the industries they cover. The approval of this agreement sets a precedent for future negotiations and agreements between employers and employees in the construction, forestry, mining and energy sectors.

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