DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2017/5900)

K-LINE RESOURCES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the K-Line Resources Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the K-Line Resources Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between K-Line Resources Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the terms of the proposed agreement were consistent with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with determining the legality and appropriateness of the collective agreement under the legislative framework.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009. Specifically, the Commission needed to ascertain whether the terms of the agreement adhered to the statutory requirements for approval, including compliance with the good faith bargaining obligations, and whether the agreement provided for appropriate protections for employees' rights and interests. Furthermore, the Commission had to assess whether the agreement met the criteria for being a "modern award" and whether it was consistent with the broader objectives of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations.

In its decision, the Fair Work Commission meticulously reviewed the proposed agreement against the statutory requirements. The Commission found that the collective agreement was consistent with the obligations of good faith bargaining and contained terms that were fair and reasonable in all respects. The Commission highlighted that the agreement provided for adequate protections for employees, including provisions on wages, conditions, and dispute resolution mechanisms. The Commission also noted that the agreement aligned with the objectives of the Fair Work Act, promoting cooperative and productive workplace relations. Based on this analysis, the Commission approved the collective agreement, finding it to be in compliance with the relevant statutory provisions.

The final orders of the Commission included the approval of the K-Line Resources Pty Ltd / CFMEU Collective Agreement 2017-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant 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