DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackinnon Finch Workplace Legal & Consulting T/A Mackinnon Finch
(AG2020/2654)

GBAR AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 SEPTEMBER 2020

Application for approval of the Gbar Australia Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Gbar Australia Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackinnon Finch Workplace Legal & Consulting T/A Mackinnon Finch. 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Mackinnon Finch Workplace Legal & Consulting T/A Mackinnon Finch on behalf of Gbar Australia Pty Ltd, seeking approval of a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of a collective agreement that would govern the terms and conditions of employment for workers within the Gbar Australia Pty Ltd organisation. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. This involved examining whether the agreement provided for appropriate minimum rates of pay and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Act, and that it provided for a fair and efficient process for resolving workplace disputes. The Commission also had to consider the fairness of the agreement in terms of its impact on employees and the employer.

In reaching its decision, the Commission reviewed the provisions of the proposed agreement and considered submissions from both Gbar Australia Pty Ltd and the CFMEU. The Commission found that the agreement provided for minimum rates of pay and conditions that were in line with industry standards and were fair and reasonable. The Commission was satisfied that the agreement had been negotiated in good faith and did not contravene any provisions of the Fair Work Act. The Commission also considered the impact of the agreement on both employees and the employer, and concluded that it was fair and balanced.

Accordingly, the Fair Work Commission approved the proposed Gbar Australia Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement is now a legally binding instrument governing the terms and conditions of employment for workers within the Gbar Australia Pty Ltd organisation. The approval of the agreement provides certainty and stability for both employees and the employer, and ensures that the agreement meets the requirements of the Fair Work Act.

Mackinnon Finch Workplace Legal & Consulting T/A Mackinnon Finch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established