DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilcook Construction Group Pty Ltd
(AG2020/3588)

KILCOOK CONSTRUCTION GROUP PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 DECEMBER 2020

Application for approval of the Kilcook Construction Group Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Kilcook Construction Group Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kilcook Construction Group 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 10 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Kilcook Construction Group Pty Ltd Enterprise Agreement 2020 - 2024. The parties to the agreement were Kilcook Construction Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of the proposed enterprise agreement, including wages, leave entitlements, and working conditions.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" which requires that employees be no worse off financially and at least as well off in other respects compared to the applicable award or registered agreement. Additionally, the Commission needed to assess whether the agreement was made in good faith and covered the appropriate bargaining unit.

The Commission found that the proposed enterprise agreement was compliant with the relevant legislation. It met the better off overall test, with employees receiving improved wages and conditions without any financial detriment. The agreement was also found to be made in good faith and covered the correct bargaining unit. The Commission approved the agreement, highlighting the parties' commitment to fair and equitable terms for the employees.

The Fair Work Commission approved the Kilcook Construction Group Pty Ltd Enterprise Agreement 2020 - 2024, effective from 1 July 2020. The Commission's decision was based on the findings that the agreement met the statutory requirements, provided improved conditions for employees, and was made in good faith.

Kilcook Construction Group 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