DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/513)

KANELLOS BUILDING CONTRACTORS PTY LTD AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2017

Application for approval of the Kanellos Building Contractors Pty Ltd and 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 Kanellos Building Contractors Pty Ltd and 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 13 March 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 involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Kanellos Building Contractors Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission (FWC). The dispute centred around whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically sections 226 and 231, which mandate that agreements be approved if they provide for fair and reasonable terms and conditions.

The court was required to decide whether the enterprise agreement provided for fair and reasonable terms and conditions, as required by the Act. This involved considering various provisions of the agreement, such as wages, hours of work, and other conditions of employment. The court had to assess whether the agreement was consistent with the principles of enterprise bargaining and whether it promoted harmonious, productive, and cooperative workplace relations. Additionally, the court examined whether the agreement included appropriate mechanisms for resolving disputes and whether it adequately protected the rights of employees.

The FWC determined that the enterprise agreement provided for fair and reasonable terms and conditions. The court found that the agreement included provisions that were consistent with the principles of enterprise bargaining and promoted harmonious, productive, and cooperative workplace relations. The court also noted that the agreement contained appropriate mechanisms for resolving disputes and adequately protected the rights of employees. Consequently, the FWC approved the enterprise agreement.

The FWC approved the Kanellos Building Contractors Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met the requirements of the Fair Work Act 2009. The approval was effective from the date of the decision, and the agreement was registered with the FWC.

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