DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klimate Constructions Pty Ltd
(AG2016/6355)

CEPU & KLIMATE CONSTRUCTION PTY LTD COLLECTIVE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the CEPU & Klimate Constructions Pty Ltd Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CEPU & Klimate Constructions Pty Ltd Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Klimate Constructions 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement was approved on 7 December 2016 and, in accordance with s.54, will operate from 14 December 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMU) and Klimate Constructions Pty Ltd (Klimate) contested the approval of a proposed collective agreement. The CFMU, representing the employees, and Klimate, the employer, sought to finalise a collective agreement that would govern the terms and conditions of employment for workers within Klimate’s business.

The central legal issues before the Commission were whether the proposed collective agreement complied with the relevant legislative provisions and whether it met the requirements for fair and equitable terms for both the employees and the employer. The Commission had to ensure that the agreement was made in good faith, did not contravene any existing laws, and provided for a fair and reasonable outcome for all parties involved.

After carefully reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement was made in good faith and did not contravene any statutory provisions. The Commission noted that the agreement provided for fair and reasonable terms for both the employees and Klimate, including provisions for wages, conditions of employment, and dispute resolution mechanisms. The Commission was satisfied that the agreement would serve the interests of both parties and promote harmonious industrial relations.

As a result, the Commission approved the proposed collective agreement, deeming it to be a fair and reasonable outcome for both the employees and Klimate. The approved agreement, titled the CEPU & Klimate Constructions Pty Ltd Collective Agreement 2016, would now govern the terms and conditions of employment for workers within Klimate’s business.

Klimate Constructions 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