DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5707)

KPI SERVICES (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 2 NOVEMBER 2018

Application for approval of the KPI Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the KPI Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between KPI Services (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The union sought to have the proposed collective agreement recognised as a lawful agreement for the purposes of the Fair Work Act 2009. The union argued that the agreement was necessary to address the specific needs of its members within the company and to ensure fair treatment in employment conditions.

The primary legal issues the Commission had to determine were whether the proposed collective agreement complied with the requirements of the Fair Work Act and whether it met the criteria for being a lawful agreement. This included examining if the agreement was made in good faith, if it was negotiated fairly, and if it complied with any relevant provisions of the Act that could affect the fairness or enforceability of the agreement.

The Commission considered the nature of the agreement and the process by which it was negotiated. It examined the content of the agreement, including the terms and conditions it proposed, and whether these terms were reasonable and necessary to address the specific needs of the union's members within the company. The Commission also considered submissions from both parties and any relevant precedents or statutory requirements. Ultimately, the Commission was satisfied that the agreement was made in good faith, was fairly negotiated, and met all legal requirements for a lawful agreement. The Commission approved the collective agreement, recognising it as a lawful agreement under the Fair Work Act.

The final orders of the Commission were that the KPI Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 was approved and recognised as a lawful agreement. This decision allowed the agreement to take effect and be binding on the parties as from the date of the Commission's approval.

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