Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/559)

KG CONTRACTORS PTY LTD T/As KGBREAKERS and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 MARCH 2022

Application for approval of the KG CONTRACTORS PTY LTD T/As KGBREAKERS and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the KG CONTRACTORS PTY LTD T/As KGBREAKERS and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the KG Contractors Pty Ltd T/As KGBreakers and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. The union and the employer sought the Commission's approval of the agreement as a modern award under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for registration as a modern award, particularly focusing on whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009.

The central legal issue before the Commission was whether the Subcontractors Demolition Enterprise Agreement satisfied the criteria for registration as a modern award, including compliance with the procedural requirements and substantive provisions of the Fair Work Act. This involved an examination of whether the agreement was made in good faith, whether it met the coverage and classification requirements, and whether it contained appropriate dispute resolution processes. Additionally, the Commission assessed whether the agreement included provisions that were consistent with the objects of the Act, including promoting higher wages and better working conditions.

The Fair Work Commission determined that the agreement met the necessary criteria for approval as a modern award. The Commission found that the agreement was made in good faith and met the coverage and classification requirements of the Fair Work Act. The agreement was also found to include appropriate dispute resolution processes and provisions that aligned with the objects of the Act. Consequently, the Commission approved the Subcontractors Demolition Enterprise Agreement 2020-2023 as a modern award, effective from the date of the decision.

The Fair Work Commission approved the Subcontractors Demolition Enterprise Agreement 2020-2023 as a modern award. The decision was made on the basis that the agreement was made in good faith, met the coverage and classification requirements, and included appropriate dispute resolution processes. Furthermore, the agreement contained provisions consistent with the objects of the Fair Work Act. The approval of the agreement as a modern award signifies its recognition as a binding framework for the employment conditions of the employees covered by the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established