DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3500)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2018

Application for approval of the CKI INDUSTRIAL 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 CKI INDUSTRIAL 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 16 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 applicants, CKI Industrial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), applied for approval of the Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The application was before the Fair Work Commission. The dispute centred on whether the enterprise agreement met the statutory requirements for registration and approval under the Act. Specifically, the application questioned whether the agreement appropriately covered the employees and the terms were fair and reasonable.

The primary legal issue was whether the enterprise agreement complied with the criteria set out in section 230 of the Fair Work Act. This included whether the agreement was in writing, whether it had been made by the employer and the relevant union, and whether the agreement covered the appropriate bargaining unit. Additionally, the court needed to determine if the agreement included minimum terms as required by the Act, and if the agreement was fair and reasonable in all its terms.

The Fair Work Commission found that the enterprise agreement complied with the statutory requirements for registration and approval. The agreement was in writing and had been made by the employer and the relevant union. It was determined that the agreement covered the appropriate bargaining unit and contained the minimum terms as required by the Act. The Commission also concluded that the agreement was fair and reasonable in all its terms, taking into account the nature of the industry, the economic climate, and the bargaining power of the parties. As such, the application was approved.

The Fair Work Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements and fair and reasonable in all its terms. The agreement was registered under the Fair Work Act, thereby providing a legally binding framework for the employment relationship between CKI Industrial Pty Ltd and the employees covered by the agreement.

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