DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6718)

KOHINOR SCAFFOLDING PTY LTD / CFMEU GREENFIELD AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2018

Application for approval of the Kohinor Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2017-2018.

[1] An application has been made for approval of a greenfields agreement known as the Kohinor Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2017-2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Kohinor Scaffolding Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of their Greenfield Agreement 2017-2018. This application was heard in the Fair Work Commission of Australia. The dispute centred around whether the proposed terms of the agreement were in compliance with the Fair Work Act 2009 and aligned with the principles of the Fair Work system. Specifically, the application sought to establish an enterprise agreement that would govern the terms and conditions of employment for scaffolders employed by Kohinor Scaffolding.

The court had to determine several legal issues, primarily whether the agreement met the requirements for approval under the Fair Work Act, including the necessity to ensure that the agreement was not less favourable than the relevant awards or modern awards, and whether it complied with the good faith bargaining provisions. The court also had to consider the fairness and appropriateness of the terms regarding wages, hours of work, and other conditions as stipulated in the proposed agreement.

Upon review, the Fair Work Commission found that the proposed agreement was in compliance with the statutory requirements. The court noted that the agreement contained provisions that were not less favourable than the applicable awards and had been reached through good faith bargaining. The Commission emphasised the importance of maintaining a balance between the rights of employers and employees, and found that the agreement achieved this balance appropriately. As a result, the application for approval of the Kohinor Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2017-2018 was successful.

The Fair Work Commission approved the agreement, thereby establishing it as a registered enterprise agreement effective from 1 July 2017 to 30 June 2018. This decision reinforced the Commission's commitment to facilitating fair and reasonable outcomes in enterprise bargaining while upholding the principles of the Fair Work Act.

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