GBG Concrete Construction Pty Ltd T/A GBG

[2013] FWCA 4845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GBG Concrete Construction Pty Ltd T/A GBG
(AG2013/7553)

GBG CONCRETE & CONSTRUCTION PTY LTD AND CFMEU ESSO SITES ONSHORE MAINTENANCE AGREEMENT 2013-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Application for approval of the GBG Concrete & Construction Pty Ltd and CFMEU Esso Sites Onshore Maintenance Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the GBG Concrete & Construction Pty Ltd and CFMEU Esso Sites Onshore Maintenance Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made GBG Concrete Construction Pty Ltd T/A GBG. 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, will operate from 26 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, GBG Concrete Construction Pty Ltd, trading as GBG, applied to the Fair Work Commission for approval of the GBG Concrete & Construction Pty Ltd and CFMEU Esso Sites Onshore Maintenance Agreement 2013-2016. The application was made under section 234 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that have been negotiated in good faith. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, arguing that the agreement was not genuinely negotiated and contained terms that were not in the best interests of the employees.

The central legal issue before the Commission was whether the agreement was genuinely negotiated in accordance with the requirements of the Fair Work Act 2009. The Commission also had to consider whether the terms of the agreement were in the best interests of the employees and whether the agreement contained any terms that were contrary to public policy. The CFMEU argued that the agreement was not genuinely negotiated because it contained terms that were not agreed upon by the union and that the terms of the agreement were not in the best interests of the employees.

The Commission found that the agreement was genuinely negotiated and contained terms that were in the best interests of the employees. The Commission found that there was no evidence of coercion or any other factor that would undermine the genuineness of the negotiation process. The Commission also found that the terms of the agreement were not contrary to public policy and that the agreement contained no terms that were unreasonable or unfair. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the GBG Concrete & Construction Pty Ltd and CFMEU Esso Sites Onshore Maintenance Agreement 2013-2016. The Commission found that the agreement was genuinely negotiated and contained terms that were in the best interests of the employees. The Commission also found that the agreement did not contain any terms that were contrary to public policy. The CFMEU's application to set aside the approval of the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established