DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4442)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the CK Installations Pty Ltd T/As CK Installations 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 CK Installations Pty Ltd T/As CK Installations 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 19 July 2016 and, in accordance with s.54, will operate from 26 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the CK Installations Pty Ltd T/As CK Installations and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The application was brought by the Construction, Forestry, Mining and Energy Union, seeking approval of the enterprise agreement between CK Installations and the union, which aimed to regulate employment terms and conditions for the specified period.

The primary legal issues the Commission had to address were whether the agreement was a "bargained agreement" as defined in section 172 of the Act, and if it satisfied the "better off overall or at least in kind" (BOOAK) test as per section 184. The Commission also needed to consider whether the agreement adhered to the good faith bargaining obligations outlined in section 175 and whether it complied with the "in writing" requirement in section 179.

The Commission found that the agreement was indeed a bargained agreement, having been negotiated in good faith between the parties. It met the BOOAK test, as the Commission was satisfied that employees were not worse off financially and had certain advantages compared to the existing conditions. The Commission further confirmed that the agreement was in writing and complied with all relevant statutory requirements. Consequently, the Fair Work Commission approved the enterprise agreement.

The Commission's final order was to approve the CK Installations Pty Ltd T/As CK Installations and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, recognising it as a valid and enforceable agreement between the parties.

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