GMF Contractors 2012 Pty Ltd T/A GMF Contractors

[2020] FWCA 882

[2020] FWCA 882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMF Contractors 2012 Pty Ltd T/A GMF Contractors
(AG2020/88)

GMF CONTRACTORS 2012 PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 FEBRUARY 2020

Application for approval of the GMF Contractors 2012 Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GMF Contractors 2012 Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise 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 GMF Contractors 2012 Pty Ltd.

[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 the Construction, Forestry, Maritime, Mining and Energy Union is 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 the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] 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.

[5] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[6] The Agreement was approved on 19 February 2020 and, in accordance with s.54, will operate from 26 February 2020. The nominal expiry date of the Agreement is 19 February 2024.

COMMISSIONER

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Annexure A: