KC’s Steel Constructions Pty Ltd Summary

[2014] FWCA 6518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KC’s Steel Constructions Pty Ltd
(AG2014/8924)

KC STEEL CONSTRUCTIONS PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the KC Steel Constructions Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KC Steel Constructions Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KC’s Steel Constructions Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the “Construction, Forestry, Mining and Energy Union” (CFMEU) the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 17 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KC’s Steel Constructions Pty Ltd applied to the Fair Work Commission for the approval of the KC Steel Constructions Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014. The CFMEU, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The Commission was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement met the "better off overall test" (BOOT) as stipulated in section 235 of the Act. This test requires that employees covered by the agreement be no worse off than they would be under the relevant award or safety net. The Commission had to consider whether the terms of the agreement provided employees with better pay and conditions than the minimum standards set out in the Construction, Forestry, Maritime, Mining and Energy Union Award 2010.

The Commission examined the terms of the agreement, including wages, working conditions, and other benefits, and compared them against the award. The Commission found that the agreement provided employees with increased wages, improved working conditions, and additional benefits such as redundancy provisions and paid leave. The Commission concluded that the agreement met the BOOT and approved the application. The Commission found that the agreement provided employees with better pay and conditions than the minimum standards set out in the award, and therefore met the requirements of the Act.

The Commission approved the KC Steel Constructions Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014. The approval is effective from the date of the Commission's decision and will apply to all employees covered by the agreement. The agreement will now form the basis of the terms and conditions of employment for those employees.

KC’s Steel Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established