DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6293)

JOVANOVIC, VLADIMIR T/AS KAKOSI CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Jovanovic, Vladimir T/As Kakosi Construction 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 Jovanovic, Vladimir T/As Kakosi Construction 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 20 October 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 applied for approval of the Jovanovic, Vladimir T/As Kakosi Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was opposed by Kakosi Construction. The primary dispute centred on the validity and fairness of the terms and conditions outlined in the proposed enterprise agreement between the union and Kakosi Construction. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and was in the best interests of the employees involved.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms for employees, whether it adhered to the procedural requirements set out in the Fair Work Act, and whether it was in the best interests of the employees. The Commission considered whether the agreement met the standard criteria for approval, including provisions for pay, conditions, and dispute resolution mechanisms. The opposition raised concerns about the potential impact of the agreement on the business and whether the terms were fair and reasonable for the employees.

The Commission reviewed the evidence presented by both parties and assessed the agreement against the statutory criteria. It found that the proposed agreement met the requirements for approval under the Fair Work Act. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees and was in their best interests. It also found that the agreement was procedurally sound and did not unfairly disadvantage Kakosi Construction. Consequently, the Commission approved the enterprise agreement, and it became legally binding from the specified date.

The Commission's decision was based on the comprehensive review of the agreement's provisions and the evidence provided by both parties. The final orders of the Commission included the approval of the Jovanovic, Vladimir T/As Kakosi Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision.

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