DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2015/674)

KONRAD PTY LTD/CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 APRIL 2015

Application for approval of the Konrad Pty Ltd/CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Konrad Pty Ltd/CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union - Construction and General Division. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union - Construction and General Division, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5]
The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union – Construction and General Division, and Konrad Pty Ltd. The matter before the Fair Work Commission concerned the application for approval of a collective agreement between the parties. The agreement in question was the Konrad Pty Ltd/CFMEU Collective Agreement 2015-2017. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of being a genuinely bargained agreement and ensuring that it did not unfairly discriminate against any employees.

The primary legal issue was whether the collective agreement was a genuine product of bargaining between the parties, as mandated by the Fair Work Act. The Commission also needed to assess whether the agreement contained provisions that were contrary to the public interest, or that unfairly disadvantaged employees. This involved a detailed examination of the negotiation process and the contents of the agreement to ensure compliance with relevant labour laws.

In reaching its decision, the Fair Work Commission considered the process through which the agreement was negotiated and the extent to which it reflected a true give-and-take between the parties. The Commission found that the agreement had been genuinely bargained and contained provisions that were fair and reasonable. It was determined that the agreement did not unfairly discriminate against any employees and was in the best interests of the workforce. Consequently, the Commission approved the collective agreement, finding it to be compliant with the Fair Work Act.

As a result of the decision, the Fair Work Commission granted approval for the Konrad Pty Ltd/CFMEU Collective Agreement 2015-2017. The agreement was deemed to be valid and enforceable, providing a framework for the employment relationship between the union and the employer. This approval ensured that the terms and conditions set out in the agreement would govern the employment of the workers during the specified period.

Construction, Forestry, Mining and Energy Union-Construction and General Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established