DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3759)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 AUGUST 2018

Application for approval of the Kennedy Earthworks 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 Kennedy Earthworks 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 5 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Kennedy Earthworks Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Kennedy Earthworks, sought approval from the Fair Work Commission, which was the relevant body for resolving such matters. The applicant was represented by legal counsel, while the respondent, the Union, was represented by a union official.

The central legal issue that the Commission had to resolve was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement met the criteria for being a "better-off-overall-test" and if it contained all the mandated minimum terms and conditions of employment. The Commission also had to ensure that the agreement was made in good faith and did not contravene any relevant provisions of the Act.

In making its decision, the Commission considered the submissions made by both parties and examined the contents of the enterprise agreement in detail. The Commission found that the agreement met all the necessary requirements under the Act, including the better-off-overall-test. The Commission was satisfied that the agreement was made in good faith and contained all the mandated minimum terms and conditions of employment. As a result, the Commission approved the enterprise agreement, enabling it to take effect from the date of the approval. This decision provided certainty to both the employer and the employees and facilitated the smooth operation of the workplace.

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