DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6334)

KAPITOL GROUP CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 AUGUST 2021

Application for approval of the KAPITOL GROUP CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the KAPITOL GROUP CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder 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 the Construction, Forestry, Maritime, Mining and Energy Union. 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 10 August 2021. 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 matter involved an application for approval of a proposed enterprise agreement between the Kapitol Group Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred on whether the proposed terms and conditions in the agreement were fair and reasonable, and whether the agreement adequately provided for the rights and obligations of both parties.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning the fair and reasonable nature of the agreement and whether it provided for appropriate mechanisms for dispute resolution. The Commission had to consider whether the agreement contained terms that were genuinely negotiated and whether it was in the best interests of the employees. Additionally, the Commission had to assess whether the agreement complied with the minimum standards set out in the Fair Work Act, such as minimum wages and conditions.

In its decision, the Commission found that the proposed agreement met the statutory requirements for approval. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it provided for fair and reasonable terms and conditions. The Commission also noted that the agreement included provisions for dispute resolution and that it provided for minimum entitlements in line with the Fair Work Act. The Commission approved the agreement on the basis that it was fair and reasonable, and that it met all statutory requirements for registration.

The Fair Work Commission approved the proposed enterprise agreement between Kapitol Group Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2020 to 2023. The Commission determined that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions, meeting all statutory requirements for registration under the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established