DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1189)

THE KELLBELL BUSINESS TRUST T/AS KELLBELL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 APRIL 2017

Application for approval of The Kellbell Business Trust T/As Kellbell 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 Kellbell Business Trust T/As Kellbell 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 19 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between The Kellbell Business Trust trading as Kellbell Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The primary dispute centred around the terms and conditions of employment, as well as the obligations and rights of both the employer and the union under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission needed to address included whether the agreement provided for the appropriate minimum entitlements and conditions of employment, and whether the agreement was made in good faith. Additionally, the Commission had to consider whether the agreement was appropriately negotiated and if it provided for a clear and fair dispute resolution process. The Commission also examined whether the agreement contained any terms that were inconsistent with the Fair Work Act or other relevant laws.

In delivering its decision, the Fair Work Commission highlighted that the agreement provided for the appropriate minimum entitlements and conditions of employment for the employees covered by the agreement. The Commission found that the agreement was made in good faith and that the negotiations were conducted appropriately. Furthermore, the Commission determined that the agreement contained a clear and fair dispute resolution process, which was compliant with the Fair Work Act. Finally, the Commission found no terms in the agreement that were inconsistent with the Fair Work Act or other relevant laws.

As a result of this decision, the Fair Work Commission approved the Enterprise Agreement between The Kellbell Business Trust trading as Kellbell Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The approved agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement.

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