DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1469)

KOHINOR SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2020

Application for approval of the Kohinor Scaffolding Pty Ltd / CFMEU Collective Agreement 2019 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the Kohinor Scaffolding Pty Ltd / CFMEU Collective Agreement 2019 - 2022 (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 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 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 applicant, Kohinor Scaffolding Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The Fair Work Commission (FWC) was the tribunal tasked with determining the application. The dispute centred around whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the agreement's fairness and its adherence to the principles of modern awards.

The primary legal issues before the FWC were whether the agreement was genuinely bargained, if it met the 'better off overall test' and if it complied with the 'no disadvantage test'. Additionally, the FWC had to consider whether the agreement provided appropriate mechanisms for resolving workplace disputes and if it adequately protected the rights of employees.

The FWC found that the agreement was genuinely bargained between the parties and met the 'better off overall test'. The tribunal noted that the proposed agreement provided for increased wages and improved working conditions, which were deemed to be of benefit to the employees. The FWC also found that the agreement complied with the 'no disadvantage test', as it did not disadvantage employees in comparison to the relevant modern award. The tribunal further held that the agreement provided appropriate mechanisms for resolving workplace disputes and adequately protected the rights of employees. As a result, the FWC approved the proposed agreement.

The FWC approved the Kohinor Scaffolding Pty Ltd / CFMEU Collective Agreement 2019 - 2022, finding it to be genuinely bargained, compliant with the 'better off overall test' and the 'no disadvantage test', and providing adequate mechanisms for dispute resolution and employee rights protection.

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