DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5082)

KETAH PTY LTD T/AS METALZONE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the Ketah Pty Ltd T/As Metalzone 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 Ketah Pty Ltd T/As Metalzone 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, 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, 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 29 August 2016. 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 involves an application for approval of an enterprise agreement between Ketah Pty Ltd trading as Metalzone and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission under the Fair Work Act 2009. The union and the employer sought to have their enterprise agreement, which was negotiated and concluded in 2016, approved as a registered agreement. The legal issues the court was required to determine were whether the agreement was a genuine enterprise agreement, whether it complied with the relevant statutory requirements, and whether it met the 'better off overall test' (BOOT) to ensure that the employees were not worse off.

The court considered the evidence presented by the union and the employer, including the negotiation process and the terms of the agreement. The court noted that the agreement had been negotiated in good faith and that it contained provisions that were in the best interests of the employees. The court also considered the BOOT, which required that the employees be no worse off and at least some of them be better off overall. The court found that the agreement met the BOOT and that it contained provisions that were beneficial to the employees, such as increased wages and improved working conditions. The court was satisfied that the agreement was a genuine enterprise agreement and that it complied with the relevant statutory requirements.

As a result, the court approved the enterprise agreement as a registered agreement. The agreement will now be in effect for the period 2016-2018 and will govern the employment conditions of the employees covered by the agreement. The court's decision provides certainty and stability for both the employer and the employees, and it ensures that the agreement is fair and reasonable. The final orders of the court were that the enterprise agreement be approved as a registered agreement, and that it be registered with the Fair Work Commission.

Construction, Forestry, 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