DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GBAR (Australia) Pty Ltd T/A GBAR Group
(AG2019/4065)

GBAR (AUSTRALIA) PTY LTD T-AS GBAR GROUP / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the GBAR (Australia) Pty Ltd t-as GBAR Group / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GBAR (Australia) Pty Ltd t-as GBAR Group / CFMEU Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GBAR (Australia) Pty Ltd T/A GBAR Group. 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, Maritime, 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 20 November 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GBAR (Australia) Pty Ltd, trading as GBAR Group, applied to the Fair Work Commission for the approval of the Collective Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the year 2019. The CFMEU represents the employees of GBAR Group, and the application sought to formalise the terms and conditions of employment under the new agreement. The matter was heard by the Fair Work Commission, which has the jurisdiction to approve such agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the statutory requirements of the Fair Work Act, whether it met the ‘better off overall test’ and whether it was made in good faith. Additionally, the Commission had to consider if the agreement was appropriate for the workforce and if it appropriately balanced the interests of both the employer and the employees. The Commission also had to ensure that the agreement did not contravene any relevant industrial laws or regulations.

The Fair Work Commission found that the GBAR (Australia) Pty Ltd t-as GBAR Group / CFMEU Collective Agreement 2019 was compliant with the Fair Work Act. The agreement was deemed to meet the ‘better off overall test’, providing the employees with improved terms and conditions compared to their previous arrangements. The Commission concluded that the agreement was made in good faith and appropriately balanced the interests of both parties. It was also found to be suitable for the workforce and did not contravene any relevant industrial laws. As a result, the Commission approved the agreement.

The Fair Work Commission approved the GBAR (Australia) Pty Ltd t-as GBAR Group / CFMEU Collective Agreement 2019, effective from the date of the decision. The Commission's approval ensures that the agreement is legally binding and enforceable between GBAR Group and the CFMEU, providing a stable and fair framework for the employment relationship between the parties.

GBAR (Australia) Pty Ltd T/A GBAR Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established