Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/326)

KH Labour AUS Pty Ltd and CFMEU ACT Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 8 APRIL 2022

Application for approval of the KH Labour AUS Pty Ltd and CFMEU ACT Enterprise Agreement 2021

An application has been made for approval of a greenfields agreement known as the KH Labour AUS Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

This greenfields agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to the application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMMEU are entitled to represent the industrial interests of a majority of employees which will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made by the CFMMEU and that the Agreement covers that organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a proposed enterprise agreement with KH Labour AUS Pty Ltd. The dispute centred around the provisions of the agreement that dealt with wages, conditions of employment, and other terms and conditions of employment for employees of KH Labour AUS Pty Ltd. The Commission was required to consider whether the agreement met the criteria for registration under the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The Commission noted that the agreement provided for above-award wages and conditions for employees, and that the parties had engaged in genuine bargaining. The Commission also considered the impact of the agreement on the employees and the employer, and whether the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement met the criteria for registration under the Fair Work Act 2009. The Commission noted that the agreement provided for above-award wages and conditions for employees, and that the parties had engaged in genuine bargaining. The Commission also found that the agreement was in the best interests of the employees and the employer, and that it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, which will now be registered with the Fair Work Commission.

The Commission made an order approving the KH Labour AUS Pty Ltd and CFMEU ACT Enterprise Agreement 2021, which will now be registered with the Fair Work Commission. The order is effective from the date of registration and will apply to all employees of KH Labour AUS Pty Ltd who are covered by the agreement. The Commission noted that the agreement provided for above-award wages and conditions for employees, and that it was in the best interests of the employees and the employer. The Commission also noted that the parties had engaged in genuine bargaining, and that the agreement met the criteria for registration under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established