DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5177)

KWILL FABRICATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MAY 2021

Application for approval of the Kwill Fabrications Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Kwill Fabrications Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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. 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.

[3] The CFMMEU, 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 CFMMEU.

[4] The Agreement was approved on 25 May 2021 and, in accordance with s 54, will operate from 1 June 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

The parties to the application were Kwill Fabrications Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of a proposed enterprise agreement, specifically the Kwill Fabrications Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes.

The legal issues before the Commission were whether the proposed agreement met the criteria set out in the Fair Work Act 2009, particularly concerning the procedural fairness in the agreement-making process and whether the agreement provided for terms and conditions that were fair and reasonable. The Commission needed to consider the evidence presented by both parties and determine whether the agreement was made in good faith, without coercion or pressure, and whether it contained terms that were fair and reasonable for the employees covered by the agreement.

The Commission found that the proposed agreement was made in good faith and without coercion, and the process followed was procedurally fair. The Commission also found that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the interests of the employees. The Commission approved the proposed agreement, noting that it provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The approval of the agreement ensures that employees within the scope of the agreement will benefit from the agreed-upon terms and conditions, promoting fairness and stability in the workplace.

The Fair Work Commission approved the proposed Kwill Fabrications Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, effective from the date of the Commission's decision. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement, providing a framework for fair and reasonable workplace relations in the industry.

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