DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1065)

KIRK PLASTERBOARD (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JUNE 2015

Application for approval of the Kirk Plasterboard (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Kirk Plasterboard (NSW) Pty Ltd / CFMEU Collective 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 the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement entered into with Kirk Plasterboard (NSW) Pty Ltd. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement was in the best interests of the employees and if it met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and whether it adhered to the prescribed criteria, including ensuring the employees' interests were adequately protected.

The Commission examined the submissions and evidence provided by both parties. It considered whether the agreement contained terms and conditions that were fair and reasonable for the employees, and if it provided an appropriate balance between the interests of the employer and the workforce. The Commission also assessed whether the agreement complied with the relevant provisions of the Fair Work Act, including the need for good faith bargaining and the protection of employees' rights. Ultimately, the Commission concluded that the agreement met the statutory criteria and was in the best interests of the employees. It found that the agreement contained fair terms and conditions and did not disadvantage the employees.

Accordingly, the Commission approved the Kirk Plasterboard (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017. The decision confirmed the agreement's validity and its compliance with the requirements of the Fair Work Act. This approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees for the specified period.

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