DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7810)

KALIMNIOS FAMILY TRUST (THE TRUSTEE FOR) T/AS CK SONS CARPENTRY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the Kalimnios Family Trust (The Trustee For) T/As CK Sons Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kalimnios Family Trust (The Trustee For) T/As CK Sons Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Kalimnios Family Trust (The Trustee For) trading as CK Sons Carpentry and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was called upon to determine whether the agreement should be approved. The agreement, which had been certified by the Fair Work Commission's certifier, was brought before the Commission for its approval following the submission of objections by the applicant employer. The central dispute revolved around the provisions of the agreement that dealt with pay rates, allowances, and working conditions for employees within the enterprise.

The primary legal issue before the Commission was whether the terms and conditions set out in the enterprise agreement were fair and reasonable, as required by section 232 of the Fair Work Act 2009. This involved a comprehensive examination of the agreement's provisions to ensure they met the statutory criteria for approval, which included being free from provisions that were contrary to public policy or not in the best interests of the employees. The Commission needed to assess whether the agreement provided a fair and equitable balance between the interests of the employees and the employer.

In delivering its decision, the Commission conducted a detailed analysis of the agreement, considering the evidence and submissions from both parties. The Commission found that the provisions of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining and the need for a balance between the parties' interests. The Commission noted that the agreement contained provisions that were in line with industry standards and reflected the economic realities faced by the enterprise. After thorough consideration, the Commission approved the enterprise agreement, determining that it met the statutory requirements for fairness and reasonableness.

The Fair Work Commission approved the Kalimnios Family Trust (The Trustee For) trading as CK Sons Carpentry and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The Commission's approval ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees within the enterprise.

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