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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, GMF Contractors 2012 Pty Ltd, trading as GMF Contractors, applied for the approval of the Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA) for the 1 The Esplanade Project. The dispute centred on the terms of the proposed agreement, which sought to establish the conditions of employment for workers at the mentioned project. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act. This included assessing if the agreement was in the best interests of the employees, was free from any improper influence or coercion, and contained adequate provisions for the protection of employees’ rights and entitlements. Additionally, the court needed to consider whether the agreement provided for a fair and reasonable outcome for all parties involved.

In its decision, the Commission found that the Enterprise Agreement was in the best interests of the employees and contained no elements of coercion. It was determined that the agreement met all the necessary criteria for approval, including provisions that protected the rights and entitlements of the employees. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the GMF Contractors 2012 Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2019. The approval was based on the finding that the agreement was in the best interests of the employees, free from any improper influence or coercion, and contained adequate provisions for the protection of employees’ rights and entitlements.

GMF Contractors 2012 Pty Ltd T/A GMF Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established