DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4991)

KASCORP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the KASCORP PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the KASCORP PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between KASCORP PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the procedural and substantive fairness of the agreement, particularly in light of the potential impact on employees' rights and conditions of employment. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The court was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it was free from coercion and undue influence, and whether it appropriately dealt with the employees' rights and conditions. Additionally, the court needed to consider whether the agreement provided for a fair and efficient system of dispute resolution.

The Fair Work Commission found that the agreement was procedurally fair as it was made in good faith, free from coercion and undue influence, and had been negotiated with adequate representation from both parties. In terms of substantive fairness, the court noted that the agreement provided a balanced approach to the rights and conditions of employees, including provisions for wages, hours of work, and other employment-related matters. The court also acknowledged the agreement's provisions for dispute resolution, deeming them to be fair and efficient. Consequently, the court approved the enterprise agreement.

As a result of the court's decision, the KASCORP PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 was approved and is now legally binding for the duration of the agreement.

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