DECISION

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

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2015/621)

KOHINOR SCAFFOLDING PTY LTD / CFMEU GREENFIELDS AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 APRIL 2015

Application for approval of the Kohinor Scaffolding Pty Ltd / CFMEU Greenfields Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Kohinor Scaffolding Pty Ltd / CFMEU Greenfields Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1), it will operate from 8 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union – Construction and General Division (CFMEUCG) applied to the Fair Work Commission (FWC) for approval of the Kohinor Scaffolding Pty Ltd / CFMEU Greenfields Agreement 2015-2017. The CFMEUCG sought to have the agreement registered under the Fair Work Act 2009. Kohinor Scaffolding Pty Ltd, a small business entity, had entered into an agreement with the union to regulate the terms and conditions of employment for its employees. The dispute centred on whether the agreement met the legal requirements for registration and whether it provided for the proper treatment of employees.

The FWC was required to determine if the agreement complied with the provisions of the Fair Work Act, specifically focusing on whether it was a genuine enterprise agreement, whether it provided for minimum terms and conditions, and whether it met the requirements for independent approval. The FWC also needed to assess whether the agreement was made in good faith and whether it was in the best interests of the employees.

In making its decision, the FWC noted that the agreement was genuinely made between Kohinor Scaffolding Pty Ltd and the union. The FWC found that the agreement provided for minimum terms and conditions and was in the best interests of the employees. The FWC concluded that the agreement was made in good faith and met all the necessary requirements for registration under the Fair Work Act. Consequently, the FWC approved the agreement and ordered its registration.

The FWC's final order was that the Kohinor Scaffolding Pty Ltd / CFMEU Greenfields Agreement 2015-2017 be approved and registered under the Fair Work Act. This decision allowed the agreement to take effect and govern the employment conditions for the employees of Kohinor Scaffolding Pty Ltd for the duration specified in the agreement.

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