DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/408)

KG CONTRACTORS PTY LTD T/AS KGBREAKERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the KG CONTRACTORS PTY LTD T/As KGBREAKERS 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 KG CONTRACTORS PTY LTD T/As KGBREAKERS 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 11 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between KG CONTRACTORS PTY LTD trading as KGBREAKERS and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia. The dispute centred on whether the proposed agreement met the necessary legal standards and was fair and reasonable for both parties.

The central legal issue before the court was whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act 2009 and whether it complied with the procedural requirements set out in the Act. Additionally, the court had to consider whether the agreement provided for the fair and efficient resolution of workplace issues and met the criteria for being considered a genuine enterprise agreement. The court also needed to ensure that the agreement was not detrimental to employees and complied with the overall objectives of the Fair Work Act.

The court found that the enterprise agreement met all the necessary legal standards and was fair and reasonable for both parties. The agreement contained all the mandatory terms required by the Act and complied with the procedural requirements. The court also determined that the agreement provided for the fair and efficient resolution of workplace issues and met the criteria for being considered a genuine enterprise agreement. Furthermore, the agreement was not detrimental to employees and complied with the overall objectives of the Fair Work Act.

As a result, the court approved the enterprise agreement between KG CONTRACTORS PTY LTD trading as KGBREAKERS and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The approval ensures that the agreement is legally binding and enforceable, providing a framework for the fair and efficient resolution of workplace issues between the parties.

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