DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3757)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 23 AUGUST 2018

Application for approval of the KEEN EDGE CONSTRUCTION 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 KEEN EDGE CONSTRUCTION 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 30 August 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and KEEN EDGE Construction Pty Ltd sought the approval of the Enterprise Agreement (EA) under the Fair Work Act 2009. The Fair Work Commission (FWC) was the court in this matter. The EA was intended to govern the employment of construction workers in Victoria for the period of 2016 to 2018. The primary dispute was whether the EA met the requirements of the Fair Work Act for it to be approved and registered by the FWC.

The court had to determine if the EA was a "better off overall test" (BOOT) agreement, meaning that it must be shown that the majority of employees would be better off under the EA than if they were under the applicable award or modern award. The court also needed to consider whether the EA contained the necessary minimum terms and conditions of employment as stipulated by the Fair Work Act. Furthermore, the court had to assess if the agreement was made in good faith and whether it contained any provisions that were contrary to public policy.

The FWC concluded that the EA was a BOOT agreement and met all the necessary requirements under the Fair Work Act. The court found that the EA provided for fair and reasonable terms and conditions of employment for the employees, and it did not contain any provisions that were contrary to public policy. The FWC approved the EA and registered it under the Fair Work Act.

The FWC approved the KEEN EDGE Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, and it was registered under the Fair Work Act. The EA was found to be a BOOT agreement, and it met all the necessary requirements for approval and registration.

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