DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2862)

KAYSON FLOORS VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JULY 2018

Application for approval of the KAYSON FLOORS VIC 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 KAYSON FLOORS VIC 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 17 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the KAYSON FLOORS VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The union and the employer had reached an agreement that they sought to have approved and registered under the Fair Work Act 2009. The key issues before the court were whether the agreement met the legal requirements for approval, including compliance with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The court examined the agreement to determine if it provided for fair and reasonable terms and conditions, including pay and other benefits. It considered whether the agreement was genuinely negotiated between the parties, whether it was free from improper influence or coercion, and if it complied with the procedural requirements for approval. The court also assessed whether the agreement met the "better off overall test" and if it included appropriate dispute resolution mechanisms.

Upon review, the court found that the agreement was fairly negotiated and met the legal standards for approval. It was deemed to be free from any improper influence or coercion and complied with the necessary procedural requirements. The court concluded that the agreement provided for fair and reasonable terms and conditions, and that it satisfied the better off overall test. Additionally, the dispute resolution mechanisms included in the agreement were considered appropriate.

The Fair Work Commission approved the enterprise agreement and ordered its registration. The agreement was set to commence on the date of the approval and would remain in effect until the end of the specified term, unless terminated earlier in accordance with the provisions of the agreement or the Fair Work Act.

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