DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5589)

KASCORP PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Kascorp Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the KASCORP PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 September 2015 and, in accordance with s.54, will operate from 5 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Kascorp Pty Ltd (Company) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute was heard in the Fair Work Commission, an Australian government body responsible for regulating workplace relations. The CFMEU argued that the enterprise agreement should be approved as it contained fair and reasonable terms and conditions for employees, while the Company opposed the application, arguing that certain provisions were unfair and detrimental to its business operations.

The central legal issue before the Commission was whether the provisions of the enterprise agreement were fair and reasonable in all aspects, as required by the Fair Work Act 2009. The Commission had to consider the overall fairness of the agreement, as well as the specific provisions that the Company argued were unfair. Additionally, the Commission had to determine whether the agreement provided for a safety net of minimum entitlements, and whether it facilitated a productive workplace relationship between the parties.

The Fair Work Commission found that the overall fairness of the agreement was not compromised by the contested provisions. The Commission held that the safety net of minimum entitlements was adequate, and that the agreement facilitated a productive workplace relationship. The contested provisions were found to be reasonable in the circumstances, and the Commission approved the enterprise agreement. The Commission emphasised the importance of the parties working together to achieve fair and reasonable outcomes for employees, while also considering the needs of the business.

The Fair Work Commission approved the Kascorp Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Company's application for disapproval of the agreement was dismissed, and the agreement was registered with the Commission. The decision serves as a reminder of the importance of achieving fair and reasonable outcomes in enterprise agreements, while also considering the needs of both employees and employers.

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