DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GT Construction Australia Pty Ltd
(AG2021/4741)

GT CONSTRUCTION AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2021

Application for approval of the GT Construction Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] GT Construction Australia Pty Ltd has made an application for approval of an enterprise agreement known as the GT Construction Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The Agreement was approved on 7 May 2021 and, in accordance with s 54, will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GT Construction Australia Pty Ltd, along with the CFMEU (Victorian Construction and General Division), applied to the Fair Work Commission for the approval of the Subcontractors Plastering Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009, and the dispute arose from the terms and conditions outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements and if it should be approved for registration.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement contained the necessary minimum terms as prescribed by the Act, and whether it met the criteria for being a "single, integrated and coherent" enterprise agreement. Furthermore, the Commission considered whether the agreement provided for fair and reasonable terms and conditions for employees, and if it complied with the good faith bargaining requirements stipulated by the Act.

In its decision, the Commission thoroughly examined the proposed agreement, considering both the minimum terms it contained and the broader context of the agreement's provisions. The Commission determined that the agreement included all the required minimum terms, and that it was a single, integrated, and coherent document. It was noted that the agreement provided for fair and reasonable terms and conditions for employees, and that the parties had engaged in good faith bargaining throughout the process. Based on these findings, the Commission approved the Subcontractors Plastering Enterprise Agreement 2020-2023 for registration.

Consequently, the Fair Work Commission approved the Subcontractors Plastering Enterprise Agreement 2020-2023, effective from the date of registration. The agreement is now binding on all parties and will govern the terms and conditions of employment for the duration of the agreement.

GT Construction Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established