Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1504)

KPI SERVICES (QLD) PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 1 JUNE 2023

Application for approval of the KPI Services (QLD) Pty Ltd GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

An application has been made for approval of an enterprise agreement known as the KPI Services (QLD) Pty Ltd GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of the KPI Services (QLD) Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement. The application arose from the need to approve an enterprise agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the statutory requirements and whether it provided fair terms and conditions for the employees involved in the Gold Coast Light Rail Stage 3 Project.

The court was required to determine if the agreement complied with the Fair Work Act and whether it contained the necessary provisions to be deemed a valid enterprise agreement. Key issues included whether the agreement adequately covered all the mandatory topics prescribed by the Act, if the agreement was made in good faith and without coercion, and whether the agreement provided fair and reasonable terms for the employees. The court also needed to assess whether the agreement met the requirements for being certified as a single-interest employer agreement.

The court found that the agreement was properly made, free from any element of coercion and in good faith. It included all the mandatory topics required by the Fair Work Act and provided fair and reasonable terms for the employees. The court also concluded that the agreement met the criteria for being certified as a single-interest employer agreement. Given these findings, the court approved the agreement and directed its registration with the Fair Work Commission.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established