DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1252)

KPI SERVICES (WA) PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2016

Application for approval of the KPI Services (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the KPI Services (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017 (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 6 June 2016. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the KPI Services (WA) Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA) Enterprise Agreement 2015-2017. The application was made under section 231 of the Fair Work Act 2009, and the relevant parties were KPI Services (WA) Pty Ltd and the union. The primary dispute centred on whether the enterprise agreement met the statutory criteria for approval, particularly concerning the agreement's compliance with the Fair Work Act's requirements for fair and portable terms and conditions of employment.

The court had to decide whether the enterprise agreement was fair and portable in terms of the Fair Work Act. This involved examining whether the agreement complied with the provisions concerning minimum rates of pay, penalty rates, and other employment conditions. Additionally, the court needed to assess whether the agreement provided for a fair and portable set of terms and conditions, ensuring that the agreement was not unfairly disadvantageous to any party and was portable across the industry.

In its decision, the court meticulously reviewed the provisions of the enterprise agreement against the statutory criteria. It found that the agreement met the necessary standards for approval. The court concluded that the agreement provided for fair and portable terms and conditions, and it was not unfairly disadvantageous to either party. Consequently, the court approved the enterprise agreement, recognising that it was consistent with the provisions of the Fair Work Act.

The final orders of the court were that the KPI Services (WA) Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA) Enterprise Agreement 2015-2017 be approved under section 231 of the Fair Work Act 2009. The agreement was deemed to be fair and portable, and no further objections were raised that would prevent its approval.

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