DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2846)

KO FORMWORK PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JUNE 2015

Application for approval of the KO Formwork Pty Ltd 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 KO Formwork Pty Ltd 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 the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 9 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the KO Formwork Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. This agreement, which aimed to govern the employment conditions within the construction industry, was contested by a number of parties, including some employees of KO Formwork Pty Ltd. The matter was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The legal issues before the Commission centred around whether the agreement met the criteria set out in the Fair Work Act 2009 for being a single, indivisible enterprise agreement. In particular, the court needed to determine whether the agreement was applicable to all employees of KO Formwork Pty Ltd, as required by the Act, and whether it contained provisions that were necessary to prevent employers from circumventing the agreement by employing workers under different contracts. Additionally, the court had to consider whether the agreement was free from prohibited content, such as discriminatory terms.

The Commission found that the agreement was indeed applicable to all employees of KO Formwork Pty Ltd and did not contain any provisions that would allow circumvention of the agreement. The court also determined that the agreement did not contain any prohibited content. In reaching its decision, the Commission emphasised the importance of maintaining a single, indivisible enterprise agreement to ensure fairness and consistency in the workplace. The Commission ultimately approved the agreement, finding that it met all the necessary legal criteria.

In approving the agreement, the Commission ordered that it be registered and become legally binding on the parties. This decision provides clarity for employers and employees in the construction industry, ensuring that the terms of the agreement are enforceable and that the rights of all parties are protected.

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