DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4488)

SK FAMILY TRUST (THE TRUSTEE FOR) T/ASSK BUILDING CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 DECEMBER 2019

Application for approval of the SK Family Trust (The Trustee For) T/As SK Building Construction 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 SK Family Trust (The Trustee For) T/As SK Building Construction 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 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 11 December 2019. 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 involved an application by the SK Family Trust, trading as SK Building Construction, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their Enterprise Agreement 2019-2020. The Fair Work Commission heard the application. The crux of the dispute lay in the procedural fairness of the agreement's negotiation and its compliance with the Fair Work Act 2009. The Commission had to determine whether the agreement was genuinely negotiated and whether it adhered to the legal requirements set forth in the Act.

The Commission examined the evidence presented regarding the negotiation process and whether it met the standards of procedural fairness. It considered if the union had genuinely represented its members and if the employer had engaged in good faith negotiations. Additionally, the Commission evaluated whether the agreement contained any terms that were contrary to the public interest or unfair to employees. The legal issues thus revolved around the authenticity of the negotiation process, the compliance of the agreement with statutory provisions, and its fairness and reasonableness.

After thorough deliberation, the Commission found that the Enterprise Agreement 2019-2020 was genuinely negotiated and complied with the statutory requirements. The evidence demonstrated that the union had adequately represented its members and that the employer had engaged in good faith. The Commission also determined that the agreement did not contain any terms that were contrary to the public interest or unfair to employees. Consequently, the Commission approved the Enterprise Agreement 2019-2020, finding it to be fair and reasonable.

The final orders of the Commission were that the Enterprise Agreement 2019-2020 between the SK Family Trust, trading as SK Building Construction, and the CFMEU (Victorian Construction and General Division) was approved. This approval signifies that the agreement is now legally binding on the parties involved and sets the terms and conditions of employment for the duration specified in 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