DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/761)

THE TRUSTEE FOR THE KOSTAL FAMILY T/A EXEL SEAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of The Trustee for the Kostal Family T/A Exel Seal Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for the Kostal Family T/A Exel Seal Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 23 March 2017. The nominal expiry date of the Agreement is 2 July 2019.

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 a collective agreement between The Trustee for the Kostal Family T/A Exel Seal Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it met the necessary standards for being a registered agreement. The application was heard by the Commission in Australia.

The legal issues that the Commission needed to address included whether the collective agreement adhered to the provisions of the Fair Work Act, particularly regarding the disclosure of information and the procedural fairness in reaching the agreement. Additionally, the Commission had to consider whether the agreement was made in good faith and whether the process followed was fair and reasonable. Another key issue was whether the agreement provided for proper terms and conditions of employment that met the standards set by the Fair Work Act.

The Commission examined the evidence presented and the submissions made by both parties. The Commission found that the agreement was made in good faith and the process was fair and reasonable. It also concluded that the agreement met the standards set out in the Fair Work Act and provided for appropriate terms and conditions of employment. The Commission was satisfied that the agreement complied with the disclosure requirements and that the process was procedurally fair. The Commission approved the collective agreement, recognising it as a registered agreement under the Fair Work Act.

The final orders of the Commission were that the collective agreement between The Trustee for the Kostal Family T/A Exel Seal Pty Ltd and the CFMEU, dated 2015-2019, be approved and registered under the Fair Work Act 2009. The agreement was to be considered a certified agreement for the purposes of the Act, effective from the date of the Commission’s decision. The Commission’s approval was based on its determination that the agreement complied with all relevant legal requirements and standards.

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