Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8868)

KPI Services (QLD) Pty Ltd and CFMEU Union Public Works Collective Agreement 2021–2023

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 17 FEBRUARY 2022

Application for approval of the KPI Services (QLD) Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023

An application has been made for approval of a greenfields agreement known as the KPI Services (QLD) Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

This greenfields agreement meets the requirements of s.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 the 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 are entitled to represent the industrial interests of a majority of employees which 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.

KPI Services (QLD) Pty Ltd has provided written undertakings and a copy of these undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the CFMMEU and that this Agreement covers that organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement between KPI Services (QLD) Pty Ltd and CFMEU Union Public Works. The dispute involved the terms and conditions of employment for workers under the agreement. The applicant argued that the agreement was fair and reasonable and should be approved by the Commission. The respondent, KPI Services (QLD) Pty Ltd, opposed the approval on the grounds that the agreement contained terms that were not in line with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was in accordance with the Fair Work Act, whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive and cooperative workplace relations. The Commission was required to examine the provisions of the agreement, including those relating to wages and conditions, and determine whether they were fair and reasonable.

The Commission considered the evidence and submissions from both parties and found that the agreement was fair and reasonable. The Commission held that the agreement provided for terms and conditions of employment that were in line with the Fair Work Act and promoted harmonious, productive and cooperative workplace relations. The Commission also found that the agreement was in the best interests of the employees and that it did not contain any terms that were unfair or unreasonable. Accordingly, the Commission approved the agreement and ordered that it be registered.

The final orders of the Commission were that the collective agreement be approved and registered, and that the agreement be in effect from the date of registration. The Commission also ordered that the agreement be published in the Fair Work Commission's Register of Approved Agreements. The respondent, KPI Services (QLD) Pty Ltd, was directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established