DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3473)

KAO CONSTRUCTIONS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the KAO Constructions Pty Ltd/ CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KAO Constructions Pty Ltd/ CFMEU Collective Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the KAO Constructions Pty Ltd/ CFMEU Collective Agreement 2016 before the Fair Work Commission. The parties in dispute are KAO Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The central issue before the court was whether the terms of the collective agreement complied with the Fair Work Act 2009, particularly regarding the provisions related to enterprise bargaining, the nature of the agreement, and whether it was made in good faith.

The court needed to decide whether the agreement was an enterprise agreement as defined by the Act, if it was made in good faith, and if it complied with the procedural requirements of the Act. Additionally, the court examined whether the agreement's terms were consistent with the provisions of the Act and whether the agreement met the standards of procedural fairness.

In delivering its decision, the court found that the agreement was indeed an enterprise agreement and that it was made in good faith. The court confirmed that the agreement complied with the procedural requirements of the Fair Work Act and that its terms were consistent with the Act's provisions. The court also determined that the agreement met the standards of procedural fairness. Based on these findings, the court approved the collective agreement.

The final orders of the court included the approval of the KAO Constructions Pty Ltd/ CFMEU Collective Agreement 2016, with the terms and conditions outlined in the agreement to be implemented as per the Act. The court's decision provided clarity on the validity and enforceability of the agreement, ensuring that both parties could proceed with confidence in their employment relationship.

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