DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2778)

KSM STONE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MAY 2015

Application for approval of the KSM Stone 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 KSM Stone 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 3 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 case before the court involved an application for the approval of the KSM Stone Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The parties sought to have the agreement approved under the Fair Work Act 2009. The dispute arose as the applicant union argued that the agreement met the necessary criteria for registration, while the respondents contested its validity.

The primary legal issue the court needed to address was whether the agreement satisfied the requirements for approval under the Fair Work Act. Specifically, the court had to consider if the agreement had been fairly and genuinely negotiated, and whether it met the standards of public benefit as prescribed by the legislation. Another significant aspect was to determine if the agreement complied with the procedural requirements, including the notification and opportunity to be heard provisions.

In delivering the judgment, the court meticulously examined the evidence presented by both parties. It found that the agreement had been negotiated in good faith and met the public benefit criteria. The court also confirmed that the procedural requirements were adhered to, including proper notification and opportunity for stakeholders to be heard. Consequently, the court approved the agreement, finding it to be in compliance with the statutory provisions.

The final orders of the court were to approve the KSM Stone Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015, effective from the date of the judgment. This decision provided clarity and certainty to the parties involved, allowing the agreement to be implemented as per the terms outlined.

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