DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4664)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2015

Application for approval of the Kimba Constructions 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 KIMBA CONSTRUCTIONS 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 20 August 2015 and, in accordance with s.54, will operate from 27 August 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Kimba Constructions Pty Ltd (Company) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Company was a signatory to the agreement but was not a certified employer. The matter was heard in the Fair Work Commission (FWC). The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for registration and approval. The CFMEU argued that the agreement was fair and reasonable, while the Company contended that the agreement was not fair and reasonable.

The legal issues before the FWC were whether the agreement was consistent with the Fair Work Act, and if it met the criteria for being fair and reasonable. The FWC considered whether the agreement was made in good faith and free of coercion, whether it was made in a manner that complied with the procedural requirements, and whether the terms and conditions of the agreement were fair and reasonable. The FWC also considered whether the agreement provided for minimum entitlements and protections as required by the Fair Work Act.

The FWC found that the agreement was consistent with the Fair Work Act and met the criteria for being fair and reasonable. The FWC noted that the agreement provided for minimum entitlements and protections and was made in good faith and free of coercion. The FWC also found that the agreement was made in a manner that complied with the procedural requirements. The FWC approved the agreement, and it was registered on the Register of Approved Agreements.

The FWC approved the Kimba Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The FWC found that the agreement met the requirements of the Fair Work Act and was fair and reasonable. The agreement was registered on the Register of Approved Agreements, and the Company became bound by its terms and conditions.

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