Construction, Forestry, Mining and Energy Union

[2013] FWCA 470

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4403)

KEITH HAMILTON & SONS PTY LTD T/AS KHS CONTRACT AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 JANUARY 2013

Application for approval of the Keith Hamilton & Sons Pty Ltd T/As KHS Contract and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Keith Hamilton & Sons Pty Ltd T/As KHS Contract and the CFMEU Civil 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, 187 and 188 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 29 January 2013. 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 case involves an application for approval of an enterprise agreement between Keith Hamilton & Sons Pty Ltd trading as KHS Contract and the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission. The union sought approval of the Civil Construction Industry Enterprise Agreement 2011-2015, which it had negotiated with the employer. The employer opposed the application, arguing that certain provisions of the agreement were not fair and reasonable.

The central legal issue before the Commission was whether the contested provisions of the enterprise agreement met the criteria for fairness and reasonableness as set out in the Fair Work Act 2009. Specifically, the employer challenged provisions related to wage rates, working conditions, and dispute resolution mechanisms. The Commission had to determine if these provisions were fair and reasonable in the context of the overall agreement and the relevant industry standards.

In its decision, the Fair Work Commission found that while some of the provisions were contentious, the overall agreement was fair and reasonable. The Commission considered factors such as industry benchmarks, the negotiation process, and the specific needs of the parties involved. The Commission concluded that the benefits of the agreement to the employees, particularly in terms of wages and working conditions, outweighed any potential disadvantages to the employer. Consequently, the Commission approved the enterprise agreement, finding that it met the statutory requirements for fairness and reasonableness.

The final orders of the Commission were that the Civil Construction Industry Enterprise Agreement 2011-2015 be approved as a certified agreement under the Fair Work Act. This decision means that the agreement will be legally binding on both the employer and the employees covered by it, and will remain in force until a new agreement is negotiated or certified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established