DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6162)

TOP KNOT PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 JULY 2021

Application for approval of the Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of a collective agreement between Top Knot Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, the case was heard before the Fair Work Commission. The dispute centred on whether the proposed agreement, which aimed to regulate terms and conditions of employment within the specified period, met the legal criteria for approval under the Fair Work Act 2009. The Union argued that the agreement provided adequate protections and benefits for employees, while Top Knot Projects Pty Ltd contended that certain provisions were overly restrictive and detrimental to business operations.

The legal issues before the Commission were whether the agreement contained terms that were procedurally and substantively fair and whether it adhered to the requirements set forth by the Fair Work Act. The Commission had to evaluate the balance between the rights of employers to manage their businesses and the rights of employees to fair and equitable working conditions. Furthermore, the Commission examined if the agreement provided appropriate mechanisms for resolving disputes and if it met the standards of good faith bargaining.

The Fair Work Commission determined that the agreement largely met the criteria for approval. The Commission found that while some provisions were stringent, they were necessary to ensure fair treatment and adequate protections for employees. The agreement was deemed to be the product of good faith bargaining and was considered to be procedurally and substantively fair. Consequently, the Commission approved the agreement, highlighting the importance of a balanced approach that recognises the rights of both employers and employees. The decision underscored the need for collective agreements to reflect a fair compromise between competing interests while maintaining compliance with legislative standards.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established