DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2493)

CKI INDUSTRIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JULY 2019

Application for approval of the CKI INDUSTRIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CKI INDUSTRIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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 7 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 case involved an application for the approval of the CKI Industrial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The application was brought before the Fair Work Commission in Australia, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for approval, particularly in terms of the bargaining process and the agreement's fairness to the employees involved.

The court was tasked with determining whether the agreement was genuinely bargained for, covered the appropriate scope of employees, and was fair and reasonable in its terms. Key issues included whether there was proper representation of the employees, whether the agreement contained all necessary terms, and whether it adhered to the requirements set out in the Fair Work Act. The court had to scrutinise the process by which the agreement was reached and assess its content to ensure it complied with legal standards and protected the interests of the employees.

In its decision, the court examined the evidence provided regarding the bargaining process and the terms of the agreement. It considered whether the union had genuinely represented the employees, whether the agreement was made without coercion, and whether it provided fair and reasonable terms for the employees. The court concluded that the agreement was genuinely bargained for and met the necessary legal standards. It approved the agreement, recognising that it provided a fair and reasonable outcome for the employees involved and adhered to the requirements of the Fair Work Act.

The final orders of the court were to approve the CKI Industrial Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019, effective from the date of the decision. This approval meant that the terms of the agreement would govern the employment conditions of the employees covered by the agreement, subject to any further legal challenges or changes in the law.

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