DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kelligan Australia Pty Ltd T/A Sunex Commercial
(AG2021/5831)

KELLIGAN AUSTRALIA PTY LTD T/A SUNEX COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JULY 2021

Application for approval of the Kelligan Australia Pty Ltd t/a Sunex Commercial and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminum & Glass Enterprise Agreement 2020-2023.

[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) Subcontractors Aluminum & Glass 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 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] 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 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Kelligan Australia Pty Ltd, trading as Sunex Commercial, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Aluminum & Glass Enterprise Agreement 2020-2023. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which was contested by certain parties.

The primary legal issues before the court involved the fairness and appropriateness of the terms proposed in the Enterprise Agreement. These included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the 'better-off, overall test' as mandated by the Fair Work Act. The court was also tasked with determining whether the agreement was made in good faith and whether it appropriately balanced the interests of both employers and employees.

In delivering its decision, the Commission thoroughly examined the submissions and evidence provided by the parties. The Commission found that the agreement met the statutory requirements under the Fair Work Act, including the 'better-off, overall test'. The Commission also concluded that the agreement was made in good faith and that it appropriately balanced the interests of both parties. Based on these findings, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between Kelligan Australia Pty Ltd and the CFMEU, effective from 1 July 2020 to 30 June 2023. This approval means that the terms and conditions of employment as outlined in the agreement are now legally binding for the duration specified.

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