DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Novacoat Pty Ltd
(AG2016/68)

KAEFER NOVACOAT AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KAEFER Novacoat Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Novacoat Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch). The agreement sought to govern the terms and conditions of employment for employees of Kaefer Novacoat Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as stipulated in the Fair Work Act 2009. The main legal issues revolved around whether the agreement was genuinely a bargain between the employer and the union, whether it contained the mandated minimum terms and conditions, and whether it was in the best interests of the employees.

The Fair Work Commission considered whether the agreement was genuinely a product of bargaining between the parties. It examined the process by which the agreement was negotiated and whether the union had genuinely represented the interests of the employees. The Commission also assessed whether the agreement contained all the mandated minimum terms and conditions, including provisions on wages, hours of work, and other employment-related matters. Finally, the Commission evaluated whether the agreement was in the best interests of the employees, considering factors such as the overall fairness and benefits provided by the agreement.

Upon reviewing the evidence and arguments presented, the Fair Work Commission found that the agreement had been genuinely bargained between the parties and included all mandated minimum terms and conditions. The Commission determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Fair Work Commission approved the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2017.

The Fair Work Commission ordered the approval of the enterprise agreement, recognising it as a binding contract between Kaefer Novacoat Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch) for the specified period. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees of Kaefer Novacoat Pty Ltd.

KAEFER Novacoat Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established