DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3040)

KEENA FENCING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2017

Application for approval of the Keena Fencing Pty Ltd 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 Keena Fencing Pty Ltd 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 10 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Keena Fencing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicant union sought the Commission's approval of the agreement, which outlined the terms and conditions of employment for workers in the fencing industry. The employer opposed the application, raising concerns about specific provisions in the agreement.

The primary legal issues the Commission had to address were whether the agreement complied with the relevant statutory requirements under the Fair Work Act 2009 and whether it met the criteria for approval. Specifically, the employer argued that certain provisions in the agreement, particularly those related to pay rates and allowances, did not comply with the Act. The union, on the other hand, contended that the agreement was fair and reasonable, providing appropriate protections and benefits to the workers.

In its decision, the Commission carefully examined the provisions of the enterprise agreement, taking into account the statutory requirements and the principles of fairness and reasonableness. The Commission found that, while some aspects of the agreement were contentious, the overall agreement was fair and met the necessary criteria for approval. The Commission highlighted that the agreement provided for a fair and reasonable system of classification, pay rates, and conditions of employment for the workers. The Commission concluded that the benefits of the agreement to the workers outweighed the potential disadvantages to the employer, and therefore approved the enterprise agreement.

The Fair Work Commission approved the Keena Fencing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The Commission's approval ensures that the terms and conditions outlined in the agreement will govern the employment of workers in the fencing industry 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