DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kelligan Australia Pty Ltd T/A Sunex Commercial
(AG2018/2807)

KELLIGAN AUSTRALIA PTY LTD T/A SUNEX COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018.

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JULY 2018

Application for approval of the Kelligan Australia Pty Ltd t/a Sunex Commercial 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 Kelligan Australia Pty Ltd t/a Sunex Commercial 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 Kelligan Australia Pty Ltd T/A Sunex Commercial. 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 17 July 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

In this matter, the respondent, Kelligan Australia Pty Ltd trading as Sunex Commercial, sought approval of an enterprise agreement from the Fair Work Commission. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), was the bargaining agent for the employees. The primary dispute was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issue the Commission had to resolve was whether the proposed enterprise agreement met the necessary standards under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the good faith bargaining requirement and other relevant statutory provisions. The Commission also had to assess whether the agreement was in the best interests of the employees and did not undermine their existing rights or entitlements.

The Fair Work Commission determined that the proposed enterprise agreement did comply with the requirements of the Fair Work Act. The Commission found that the agreement was the product of good faith bargaining and met the statutory standards for approval. The Commission concluded that the agreement was in the best interests of the employees, did not undermine their existing rights or entitlements, and was fair and reasonable. The Commission approved the enterprise agreement, allowing it to come into effect as intended.

In approving the enterprise agreement, the Commission made an order that the Kelligan Australia Pty Ltd t/a Sunex Commercial and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act 2009. This order enabled the agreement to operate from the date of the decision, subject to any further orders the Commission might make.

Kelligan Australia Pty Ltd T/A Sunex Commercial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established