DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6010)

KPI SERVICES (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2015

Application for approval of the KPI Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the KPI Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019 (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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 November 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, KPI Services (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union, sought approval from the Fair Work Commission for a collective agreement. The agreement outlined terms and conditions of employment for certain workers employed by KPI. The dispute centred on whether the agreement was in the best interests of the employees and whether it was consistent with the Fair Work Act 2009. The Fair Work Commission, led by Commissioner McCabe, was tasked with deciding these issues.

The primary legal issues revolved around whether the proposed agreement was in the best interests of the employees, as required by section 235 of the Fair Work Act. The Commission also needed to consider whether the agreement met the criteria for approval as set out in section 230 of the Act. This included assessing whether the agreement contained appropriate provisions for the protection of employees, such as minimum rates of pay, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission had to ensure the agreement did not discriminate against any group of employees and complied with relevant industrial laws.

In its decision, the Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution. The Commission also concluded that the agreement was in the best interests of the employees, as it provided a framework for fair and transparent employment practices. The Commission approved the collective agreement, noting that it balanced the interests of both the employer and the employees, and complied with the provisions of the Fair Work Act.

The final orders of the Commission included the approval of the KPI Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, subject to the conditions set out in the decision. The agreement was to commence on the date of approval and remain in effect until the end of the specified period, unless terminated earlier in accordance with the terms of the agreement or 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