DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7008)

PACQUOLA CORP PTY LTD T/AS KPA CONCRETE CONSTRUCTION GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Pacquola Corp Pty Ltd T/As KPA Concrete Construction Group 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 Pacquola Corp Pty Ltd T/As KPA Concrete Construction Group 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 29 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to approve an enterprise agreement between Pacquola Corp Pty Ltd, trading as KPA Concrete Construction Group, and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The union sought approval of the agreement under section 232 of the Fair Work Act 2009, arguing that it met the criteria for registration, including that it was fairly negotiated and covered employees within the union's scope. Pacquola Corp opposed the application on various grounds, primarily asserting that the agreement failed to meet the requirements for fair negotiation and employee coverage.

The central legal issues before the Commission involved the validity of the enterprise agreement in terms of procedural fairness and compliance with statutory criteria. Specifically, Pacquola Corp contended that the agreement was not genuinely negotiated, as it did not adequately reflect the contributions and views of the employees, and that the union did not have proper authority to represent all employees in the bargaining process. Additionally, Pacquola Corp argued that the agreement did not cover all employees within the union's defined scope, thereby rendering it non-compliant with the legislative framework.

The Fair Work Commission examined the negotiation process and the content of the agreement, taking into account the evidence presented by both parties. The Commission found that the negotiation process was conducted in good faith and that the union had the necessary authority to represent the employees. Furthermore, the Commission determined that the agreement covered all relevant employees and met the requirements for registration under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding that it was fairly negotiated and appropriately covered the employees in question.

The Commission's decision resulted in the formal approval of the Pacquola Corp Pty Ltd T/As KPA Concrete Construction Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties for the specified period. The decision reinforces the importance of fair negotiation and proper representation in the enterprise agreement process under Australian labour law.

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