DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2681)

KO STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JULY 2017

Application for approval of the KO Steel Fixing 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 KO Steel Fixing 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 21 July 2017. The nominal expiry date of the Agreement is 30 June 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 an enterprise agreement between KO Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The union and the employer sought the Commission's approval under the Fair Work Act 2009, asserting that the agreement provided for the fair and equitable treatment of employees, and that it complied with all relevant legislative requirements. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the Act.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for approval, particularly in relation to the provisions concerning employee entitlements, classification, and the process for resolving disputes. The Commission had to consider if the agreement was in the best interests of the employees and if it provided for a fair and efficient workplace. Additionally, the Commission needed to assess whether the agreement appropriately balanced the rights and interests of both parties and ensured that it did not undermine the protection of employee rights.

In rendering its decision, the Commission carefully examined the provisions of the agreement, taking into account the relevant sections of the Fair Work Act and the Fair Work Regulations. The Commission found that the agreement was comprehensive and provided for the fair and equitable treatment of employees. It noted that the agreement included provisions for minimum wage rates, classification of employees, conditions of employment, and dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees and did not undermine the protection of employee rights. Accordingly, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements for approval.

The final orders of the Commission were that the KO Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the Commission's decision and would remain in force until the end of the specified period or until terminated in accordance with the agreement's provisions.

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