DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6640)

GUMDALE GROUP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Gumdale Group Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the Gumdale Group Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act 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 Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the 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 Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 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

In this matter, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement made with Gumdale Group Pty Ltd. The application was heard in the Fair Work Commission, with the decision being rendered by Deputy President Stewart. The union and the employer had reached an agreement that outlined the terms and conditions of employment for the workers within the relevant period. The union sought to have this agreement formally approved by the Commission to ensure it complied with the relevant industrial laws.

The primary legal issue that the Commission had to address was whether the collective agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act. The Commission considered the provisions of the Act, including the criteria for assessing the fairness and benefits of the agreement for the workers. The Commission also examined the specific terms of the agreement, such as wages, working conditions, and dispute resolution mechanisms, to ensure they met the statutory standards.

In its decision, the Commission found that the agreement was fair and met the criteria set out in the Fair Work Act. The Deputy President concluded that the collective agreement provided for appropriate terms and conditions that were in the best interests of the employees. The Commission approved the agreement, noting that it provided for reasonable and fair outcomes for the workers and adhered to the relevant legal standards. The Deputy President highlighted the importance of the agreement in maintaining industrial peace and providing a framework for fair and reasonable employment practices.

The Fair Work Commission approved the Gumdale Group Pty Ltd and CFMEU Union Collective Agreement 2015-2019, finding it to be fair and compliant with the Fair Work Act. This decision ensures that the terms and conditions of employment for the workers are legally sound and in their best interests. The approval of the agreement provides certainty for both the union and the employer in managing their industrial relations moving forward.

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