DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6439)

KEEN EDGE CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the Keen Edge Construction 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 Keen Edge Construction 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 14 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement between Keen Edge Construction Pty Ltd and the CFMEU. The agreement, which was set to cover a period from 2016 to 2018, included provisions on wages, conditions, and dispute resolution mechanisms. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issues for the Commission to address were whether the agreement was a genuine enterprise agreement, whether it complied with the formal requirements for approval, and whether it satisfied the procedural fairness requirements. The Commission had to consider if the agreement had been fairly negotiated and if it provided for a fair and reasonable resolution of workplace issues. Additionally, the Commission examined whether the agreement complied with the prescribed minimum terms and conditions, particularly in relation to wages and working conditions.

After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was a genuine enterprise agreement. It was found to have been fairly negotiated and included provisions that were fair and reasonable. The Commission determined that the agreement met the formal requirements for approval and complied with the prescribed minimum terms and conditions. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Keen Edge Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be a genuine agreement that met all legal requirements for approval.

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