Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 2442

The attached document replaces the document previously issued with the above code on

18 April 2016.

The decision text has been amended to reflect the correct type of enterprise agreement for this

application (greenfields agreement).

Member Assist

For Commissioner Roe

Dated 19 April 2016 [2016] FWCA 2442

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/793)

KNM CONTRACTORS PTY LTD AND CFMEU UNION COLLECTIVE

AGREEMENT 2014-2018

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 18 APRIL 2016

Application for approval of the KNM Contractors Pty Ltd and CFMEU Union Collective

Agreement 2014-2018.

[1] An application has been made for approval of an enterprise Agreement known as the

KNM Contractors Pty Ltd and CFMEU Union Collective Agreement 2014-2018 (Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been

made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Mining and Energy Union is 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] The Agreement does not cover all of the employees of the employer however taking

into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was

fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry,

Mining and Energy Union and that the Agreement covers this organisation.
[2016] FWCA 2442

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 April

2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for approval of an enterprise agreement, the KNM Contractors Pty Ltd and CFMEU Union Collective Agreement 2014-2018, under section 185 of the Fair Work Act 2009. This application was made on behalf of a group of employees of KNM Contractors Pty Ltd. The agreement in question is a greenfields agreement, which meets the criteria set out in section 172(2)(b) of the Act. The primary legal issues before the Commissioner were whether the agreement met all relevant requirements of sections 186 and 187 of the Act and whether it was in the public interest to approve the agreement.

The Commissioner examined whether the agreement complied with the statutory provisions concerning the representation of employee interests and the public interest. The Commissioner determined that the agreement satisfied the conditions set out in sections 186 and 187 of the Act, including that the union was entitled to represent a majority of the employees covered by the agreement, and that it was in the public interest to approve the agreement. The Commissioner also noted that while the agreement did not cover all employees of the employer, the group of employees was fairly chosen, taking into account the factors in sections 186(3) and (3A) of the Act. The Commissioner concluded that the agreement was in compliance with section 53(2)(b) of the Act as it was made with the Construction, Forestry, Mining and Energy Union, and it covered this organisation.

Following the evaluation of the agreement against the statutory requirements, the Commissioner approved the agreement under section 185 of the Fair Work Act 2009. The agreement will operate from 25 April 2016, with a nominal expiry date of 31 March 2018. This decision reflects the Commissioner's satisfaction that the agreement meets all necessary conditions for approval and is in the public interest.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established