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
(AG2015/619)

KOHINOR HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Kohinor Hire Pty Ltd / CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

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. As required by s.201(2) I note that the Agreement covers the organisation.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 7 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Kohinor Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division. The union sought to have the agreement approved under the Fair Work Act 2009, which regulates industrial relations in Australia. The employer contested the application on various grounds, including concerns about the agreement's compliance with statutory requirements and its potential impact on the business.

The primary legal issue before the Commission was whether the collective agreement met the statutory criteria for approval, as outlined in section 231 of the Fair Work Act. This involved examining whether the agreement provided for the protection of employees' interests, maintained a fair and efficient workplace, and complied with other relevant legislative provisions. Additionally, the Commission had to consider the balance between the parties' bargaining rights and the need to protect employees from potentially unfavourable terms.

In delivering its decision, the Commission meticulously reviewed the terms of the agreement and the submissions made by both parties. The Commission found that the agreement, while containing some provisions that were potentially disadvantageous to the employer, overall met the statutory criteria for approval. The Commission highlighted that the agreement contained protections for employees, such as provisions for redundancy payments and minimum wage rates, which were in line with the legislative intent to balance the interests of employers and employees. The Commission also noted that while some provisions might be seen as onerous, they were a product of good faith bargaining between the parties and did not contravene any statutory provisions.

The Commission approved the collective agreement, subject to certain modifications to address specific concerns raised by the employer. These modifications ensured that the agreement complied with all statutory requirements and did not unfairly disadvantage the employer. The final orders of the Commission included the approval of the agreement with the specified modifications, which were designed to maintain a fair and efficient workplace while protecting the interests of the employees.

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