DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilmore Group Pty Ltd
(AG2021/6887)

KILMORE GROUP AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2021

Application for approval of the Kilmore Group and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Kilmore Group and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021 (the Agreement). The application was made by Kilmore Group Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2021. The nominal expiry date of the Agreement is 5 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of Kilmore Group Pty Ltd was heard, involving a dispute over the approval of an enterprise agreement between the Kilmore Group and the Construction, Forestry, Maritime, Mining and Energy Union (WA) concerning the 1 The Esplanade Project. The primary issue at hand was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fair and appropriate, taking into account various factors such as employee protection, efficient workplace relations, and the preservation of a safety net for wages and conditions.

The legal issues before the Commission included the verification of the appropriate process for the agreement's negotiation, the adequacy of the consultation process, and whether the agreement provided for fair and reasonable terms and conditions for the employees involved. The Commission also considered whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful. Given these issues, the Commission had to assess the balance between maintaining industrial peace and ensuring that the agreement did not unduly disadvantage any party.

The Fair Work Commission found that the negotiation process was conducted in accordance with the relevant provisions of the Fair Work Act. The consultation process was deemed adequate, and the Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees. The agreement was found to be consistent with public policy and did not contain any unlawful provisions. Consequently, the Commission approved the Kilmore Group and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021. The decision was made in light of the evidence presented, which demonstrated that the agreement was fair and balanced, providing appropriate protections and benefits for the employees involved.

Kilmore 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