DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane Constructions Pty Ltd
(AG2020/3897)

KANE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2020

Application for approval of the Kane Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Kane Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kane Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kane Constructions Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement, as proposed, complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions did not meet the legal standards for fairness.

The court had to determine whether the enterprise agreement was fair and reasonable, considering the nature of the dispute and the statutory requirements. This involved assessing whether the agreement complied with the procedural fairness requirements and whether it met the standards for substantive fairness under the Fair Work Act 2009. The court also needed to consider if the agreement provided for minimum wages, entitlements, and conditions of employment in accordance with the law.

The Fair Work Commission found that the enterprise agreement was fair and reasonable. It concluded that the agreement complied with all relevant legal requirements and did not contain any provisions that would render it invalid. The court was satisfied that the agreement was the product of genuine bargaining and that the process followed was fair. The agreement was approved on the basis that it met the standards for both procedural and substantive fairness as required by the Fair Work Act 2009.

The Fair Work Commission approved the enterprise agreement, finding it to be fair and reasonable. This decision provided legal certainty to both the applicant and the union, confirming that the agreement was valid and enforceable. The court's approval of the agreement ensured that it would be recognised and upheld in any future disputes or legal proceedings.

Kane Constructions 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