DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7427)

GVP FABRICATORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for approval of the GVP Fabricators 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 GVP Fabricators 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 19 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) and GVP Fabricators Pty Ltd applied to the Fair Work Commission for the approval of the Enterprise Agreement 2016-2018. The CFMEU is a trade union representing workers in various industries, including construction, forestry, mining, and energy. GVP Fabricators is a company in the metal fabrication industry. The dispute before the Court concerned the terms and conditions of employment for employees of GVP Fabricators as outlined in the proposed Enterprise Agreement.

The legal issues before the Court were whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval under the Act. The Court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other conditions. The Court also had to determine whether the agreement had been made in good faith and whether it provided for the proper regulation of workplace relations.

The Court found that the proposed Enterprise Agreement met the requirements of the Fair Work Act and was approved. The Court noted that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other conditions. The Court also found that the agreement had been made in good faith and provided for the proper regulation of workplace relations. The Court considered that the agreement was in the best interests of the employees of GVP Fabricators and was likely to promote harmonious, productive, and economic workplace relations.

The Court approved the Enterprise Agreement, and it became legally binding on the parties from the date of the decision. The agreement sets out the terms and conditions of employment for employees of GVP Fabricators for the period 2016-2018. The Court's decision provides certainty and stability for both the employer and employees and promotes harmonious workplace relations.

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