K&G Cook Pty Ltd ATF the G&K Cook Family Trust

[2014] FWCA 989

FAIR WORK COMMISSION

DECISION

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

K&G Cook Pty Ltd ATF the G&K Cook Family Trust
(AG2014/209)

COMPLETE CONCRETE CUTTING QLD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 FEBRUARY 2014

Application for approval of the Complete Concrete Cutting QLD Enterprise Agreement 2014-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 February 2014 by K&G Cook Pty Ltd ATF the G&K Cook Family Trust for the approval of a single-enterprise agreement known as the Complete Concrete Cutting QLD Enterprise Agreement 2014-2017 (“the Agreement”).

[2] On 12 February 2014 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved K&G Cook Pty Ltd, represented by the G&K Cook Family Trust, which sought approval for the Complete Concrete Cutting QLD Enterprise Agreement 2014-2017. The dispute was brought before the Fair Work Commission, which was asked to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for approval, including whether it had been properly certified by an independent certifier, and whether it met the substantive requirements of the Act, such as ensuring the agreement did not undermine the rights of employees or employers. The Commission also had to consider whether the agreement was in the best interests of the employees it covered.

In examining the agreement, the Commission found that the necessary procedural steps had been followed and that the agreement was certified by an independent certifier. The Commission further determined that the agreement did not undermine the rights of either employees or employers and was in the best interests of the employees covered by the agreement. The Commission noted the provisions of the agreement, which included wage increases, additional leave provisions, and other benefits, and concluded that these provisions were fair and reasonable. The Commission approved the Complete Concrete Cutting QLD Enterprise Agreement 2014-2017, finding it met the necessary criteria under the Fair Work Act.

The Commission made orders approving the Complete Concrete Cutting QLD Enterprise Agreement 2014-2017 as a registered agreement under the Fair Work Act. The agreement was to be registered with the Commission and would apply to the relevant employees and employers as specified in the agreement. The orders ensured that the agreement would have legal effect and could be enforced by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established