DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6810)

GGA AUSTRALIA PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building services
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the GGA Australia Pty Limited and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the GGA Australia Pty Limited 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 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 15 November 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union for approval of the GGA Australia Pty Limited and CFMEU Union Collective Agreement 2015-2019. The application was made under section 234 of the Fair Work Act 2009, which empowers the Commission to approve a collective agreement if it is satisfied that the agreement meets certain criteria, including that it provides for a fair and efficient workplace.

The legal issues before the Commission included whether the collective agreement provided for a fair and efficient workplace, and whether it met the requirements of the Fair Work Act. The Commission also had to consider whether the agreement contained provisions that were contrary to public policy or that would have an adverse effect on the operation of the Fair Work Act.

The Commission found that the collective agreement met the requirements of the Fair Work Act and provided for a fair and efficient workplace. The Commission noted that the agreement contained provisions that were designed to promote productivity, efficiency and flexibility in the workplace, and that it provided for a clear process for resolving disputes between the parties. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the operation of the Fair Work Act. As a result, the Commission approved the collective agreement.

The Commission's decision provides guidance to employers and unions on the types of provisions that are likely to be considered fair and efficient by the Commission. It also highlights the importance of ensuring that collective agreements comply with the requirements of the Fair Work Act and do not contain provisions that are contrary to public policy.

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