GBG Concrete and Construction Pty Ltd T/A GBG Summary

[2022] FWCA 1660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GBG Concrete and Construction Pty Ltd T/A GBG

(AG2022/1400)

GBG CONCRETE & CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MAY 2022

Application for approval of the GBG CONCRETE & CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the GBG CONCRETE & CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GBG Concrete and Construction Pty Ltd T/A GBG. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, GBG Concrete and Construction Pty Ltd, trading as GBG, applied for the approval of the GBG Concrete & Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The central legal issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the "better off overall test" and whether it contained terms that were contrary to public policy. The Commission also had to consider if the agreement was in the best interests of the employees covered by it.

In its decision, the Fair Work Commission found that the agreement met the better off overall test, as it provided for a reasonable increase in wages and conditions for the employees. The Commission also concluded that the agreement did not contain any terms that were contrary to public policy. The Commission approved the agreement, finding that it was in the best interests of the employees. The Commission emphasised the importance of maintaining industrial peace and stability in the construction industry and recognised the need to provide fair and reasonable outcomes for both employers and employees.

The Fair Work Commission approved the GBG Concrete & Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023. The approval is effective from 1 April 2020 and will remain in force until 31 March 2023. The decision ensures that employees in the construction industry have fair and reasonable terms and conditions of employment, while also promoting industrial peace and stability.

GBG Concrete and Construction Pty Ltd T/A GBG

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established