DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2595)

OKS ERECTIONS PTY LTD T/AS OKS INSTALLATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 AUGUST 2019

Application for approval of the OKS ERECTIONS PTY LTD T/As OKS INSTALLATIONS 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 OKS ERECTIONS PTY LTD T/As OKS INSTALLATIONS 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 13 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by OKS Erections Pty Ltd T/As OKS Installations and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to approve the Enterprise Agreement 2016-2018. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's (FWC) endorsement of the agreement to ensure its registration and enforceability. The dispute centred on the procedural fairness and compliance of the agreement with the statutory requirements of the Act.

The key legal issues the court had to address included whether the agreement was made in good faith and whether it complied with the procedural fairness requirements set out in the Fair Work Act. Additionally, the court needed to examine whether the agreement contained all the mandatory terms as required by the Act and whether it was made without undue coercion or pressure on either party. The court also considered whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission, in its decision, found that the Enterprise Agreement was made in good faith and complied with all the statutory requirements of the Fair Work Act. The Commission determined that the agreement was fair and reasonable, and it contained all the mandatory terms required by law. The FWC concluded that the process leading to the agreement's formation was fair and that there was no evidence of undue influence or coercion. As a result, the Commission approved the Enterprise Agreement, allowing it to be registered and enforceable under the Fair Work Act.

The final orders of the court included the approval of the Enterprise Agreement between OKS Erections Pty Ltd T/As OKS Installations and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The agreement was deemed to be compliant with the Fair Work Act, and it was registered accordingly. This decision ensured that the terms of the agreement would be legally binding and enforceable between the parties, promoting fair and cooperative workplace relations.

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