DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3308)

KWILL CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 SEPTEMBER 2019

Application for approval of the KWILL CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the KWILL CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 23 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, KWILL CONSTRUCTIONS PTY LTD, sought approval of an Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for its employees in Victoria. The CFMEU (Victorian Construction and General Division) was also a party to the proceedings. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the application.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly in terms of ensuring that it facilitated the making of agreements that promoted high levels of employment and that facilitated the flexibility and adaptability of the workforce. The Commission also needed to determine if the agreement was fair and reasonable in all its aspects.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act. It found that the agreement contained provisions that aligned with the objectives of the Act, promoting employment and facilitating workforce flexibility. The Commission noted that the agreement included provisions for dispute resolution and addressed various employee entitlements and conditions. The Commission concluded that the agreement was fair and reasonable in all its aspects and approved the application for the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between KWILL CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018, finding it to be compliant with the requirements of the Fair Work Act.

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