DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6616)

GM TRUST (THE TRUSTEE FOR) T/AS GM CONCRETE CUTTING (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the GM Trust (The Trustee For) T/As GM Concrete Cutting (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the GM Trust (The Trustee For) T/As GM Concrete Cutting (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the GM Trust and the Construction, Forestry, Mining and Energy Union, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, intended to cover concrete sawing and drilling workers employed by GM Concrete Cutting (Aust) Pty Ltd, was contested on various grounds. The dispute was heard in the Fair Work Commission, which was tasked with determining the merits of the application.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. The respondents to the application argued that the agreement did not meet the requirements for proper bargaining and contained provisions that were not fair and reasonable. The Commission had to consider these arguments and assess the overall fairness and compliance of the agreement with the statutory provisions.

In examining the application, the Commission considered the process through which the agreement was reached and the content of its provisions. It found that the agreement was the result of genuine and proper bargaining between the parties. The Commission also examined the fairness of the terms and conditions outlined in the agreement, including wages, hours of work, and other employment-related matters. After its thorough review, the Commission determined that the agreement was fair and reasonable, and therefore approved it under the Fair Work Act.

Consequently, the Fair Work Commission granted the application for approval of the enterprise agreement, dismissing the objections raised by the respondents. The decision was based on the findings that the agreement was the product of proper bargaining and that its terms and conditions were fair and reasonable. This ruling ensures that the terms of the agreement will apply to the relevant employees, providing them with the protections and benefits outlined in the approved agreement.

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