DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2245)

CK GROUP (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 MARCH 2015

Application for approval of the CK Group (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the CK Group (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 7 April 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the CK Group (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, CK Group (Vic) Pty Ltd, sought the Fair Work Commission's approval of the enterprise agreement. The union involved, the Construction, Forestry, Mining and Energy Union, represented the employees in the agreement negotiation process. The Fair Work Commission was the body responsible for determining whether the agreement met the necessary criteria for approval.

The legal issues before the court centred around the provisions of the Fair Work Act 2009, specifically the requirements for the approval of enterprise agreements. The court needed to determine if the agreement was "appropriately certified" and if it contained the minimum terms and conditions as prescribed by the Act. Additionally, the court needed to consider whether the agreement was in the best interests of the employees and the employer.

The court examined the agreement clause by clause and assessed whether the provisions met the statutory requirements. The court found that the agreement contained the necessary minimum terms and conditions, and the certification process had been appropriately followed. Furthermore, the court concluded that the agreement was in the best interests of the employees and the employer. Therefore, the court approved the CK Group (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, making it a legally binding agreement between the employer and the union.

As a result of the court's decision, the Fair Work Commission approved the enterprise agreement between CK Group (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement was now legally binding, and the terms and conditions set out within it would govern the employment relationship between the employer and the union's members.

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