DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/599)

CK GROUP (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MARCH 2018

Application for approval of CK Group (Vic) 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 CK Group (Vic) 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 16 March 2018. 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 Construction, Forestry, Mining and Energy Union (CFMEU) and CK Group (Vic) Pty Ltd brought an application before the Fair Work Commission seeking approval of an enterprise agreement. The agreement was for a period of 2016 to 2018 and was to cover employees of CK Group in the construction industry. The central issue before the Commission was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement was genuinely negotiated and if it complied with the provisions of the Fair Work Act, including the 'better off overall test'. This test requires that employees are not worse off overall with the agreement in place compared to their existing conditions. Additionally, the court considered whether the agreement appropriately addressed the needs of the employees and the business, and if it included adequate mechanisms for dispute resolution.

After thorough examination, the Fair Work Commission found that the agreement was genuinely negotiated and met all the statutory requirements. It satisfied the better off overall test, and the provisions were considered fair and reasonable for both the employees and the employer. The Commission also noted that the agreement included appropriate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission granted approval of the enterprise agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act. The agreement was to come into effect from the date of the decision and would remain in force until the end of the specified period, unless terminated earlier in accordance with its terms or the Act.

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