Kore Construction Pty Ltd Summary

[2014] FWCA 3307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kore Construction Pty Ltd
(AG2014/5819)

KORE CONSTRUCTION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 MAY 2014

Application for approval of the KORE Construction Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KORE Construction Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kore Construction Pty Ltd recently appeared before the Fair Work Commission to seek approval of the KORE Construction Enterprise Agreement 2014. The applicant, Kore Construction, sought to establish a new enterprise agreement that would govern the employment conditions of its employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and if it was appropriately negotiated. The Commission needed to assess whether the agreement adhered to the standards set out in the Fair Work Act, including the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under the previous agreement or the applicable award. Additionally, the Commission had to consider whether the agreement was genuinely negotiated between the parties, as mandated by the legislation.

The Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions of employment and was genuinely negotiated between the parties. The Commission also concluded that the agreement satisfied the better off overall test, ensuring that employees would not be worse off financially. As such, the Fair Work Commission approved the KORE Construction Enterprise Agreement 2014. The Commission’s decision underscores the importance of ensuring that enterprise agreements are both fair and genuinely negotiated, providing a framework for harmonious industrial relations.

Kore Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established