DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7751)

GLOBAL ASSET PROTECTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Global Asset Protection Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Global Asset Protection Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 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 28 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the Global Asset Protection Pty Ltd and Construction, Forestry, Mining and Energy Union (CFMEU) Union Collective Agreement 2015-2019. The dispute arose under the Fair Work Act 2009, where the CFMEU sought approval of the collective agreement, which had been entered into with Global Asset Protection Pty Ltd. The Fair Work Commission was the tribunal where the application was lodged, and subsequently, the decision was appealed to the Federal Court of Australia.

The central legal issues before the court were whether the collective agreement was "appropriately registered" as required by section 234 of the Fair Work Act 2009. This involved examining if the agreement met the criteria for registration, including the procedural fairness of the bargaining process, the substantive fairness of the agreement's terms, and whether the agreement was made in good faith. Additionally, the court needed to determine if the Fair Work Commission had exercised its discretion appropriately in approving the agreement.

The court held that the Fair Work Commission had correctly exercised its discretion in approving the collective agreement. The agreement had been negotiated in good faith and met the necessary criteria for registration. The court found that the process leading to the agreement was procedurally fair, and the terms of the agreement were substantively fair. The agreement provided adequate protections for employees and was consistent with the objectives of the Fair Work Act. Consequently, the court dismissed the appeal and affirmed the decision of the Fair Work Commission to approve the collective agreement.

As a result of the court's decision, the Global Asset Protection Pty Ltd and CFMEU Union Collective Agreement 2015-2019 was approved and registered, allowing it to be legally binding on the parties involved. The court's ruling ensured that the agreement would remain in effect, providing a framework for the terms and conditions of employment between the employer and the union.

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