DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4456)

KPI LABOUR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2019

Application for approval of the KPI Labour Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the KPI Labour Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the KPI Labour Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020. The dispute arose from the proposed terms of the enterprise agreement which KPI Labour Hire Pty Ltd sought to have approved. The matter was heard by the Commission under the Fair Work Act 2009, which empowers it to approve, reject or vary enterprise agreements.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, including the provisions for genuine bargaining and the absence of prohibited content. The Commission had to consider if the agreement was made in good faith and if it contained any terms that were contrary to public policy or not genuinely intended to be part of the agreement. Additionally, the Commission assessed if the agreement provided for appropriate mechanisms for dispute resolution.

The Commission found that the agreement was the product of genuine bargaining and did not contain any terms that were contrary to public policy or otherwise prohibited. It was determined that the agreement was made in good faith and that all parties had genuinely intended for it to be binding. The Commission noted that the agreement provided for appropriate mechanisms for dispute resolution and was therefore in compliance with the Fair Work Act. Consequently, the Commission approved the Labour Hire Industry Enterprise Agreement 2019-2020.

The final orders of the Commission included the approval of the KPI Labour Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020, which would be effective from 1 April 2019 and expire on 31 March 2020. The agreement was to be registered with the Fair Work Commission and would apply to the employees of KPI Labour Hire Pty Ltd who are members of the Construction, Forestry, Maritime, Mining and Energy Union.

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