DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane Constructions Pty Ltd
(AG2018/1175)

KANE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2018

Application for approval of the Kane Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[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 2016 -2018 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Kane Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division). The matter before the court was the application for the approval of the Enterprise Agreement 2016-2018 between the parties. The applicant sought to have the agreement approved by the Fair Work Commission, which would make it binding on the parties and their employees.

The primary legal issue for the court was to determine whether the Enterprise Agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for terms and conditions of employment that were fair and portable, and whether it complied with the procedural requirements for approval. Additionally, the court examined whether there were any provisions in the agreement that were contrary to public policy or contrary to any other provisions of the Fair Work Act.

After reviewing the evidence and submissions presented by both parties, the court found that the Enterprise Agreement met the necessary requirements for approval. The court was satisfied that the agreement contained terms and conditions of employment that were fair and portable, and that the procedural requirements for approval had been followed. The court also determined that there were no provisions in the agreement that were contrary to public policy or any other provisions of the Fair Work Act. As a result, the court approved the Enterprise Agreement 2016-2018 between Kane Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division).

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