DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6018)

K & D INTERIORS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 15 JULY 2021

Application for approval of the K & D Interiors Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the K & D Interiors 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). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 22 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement with K & D Interiors Pty Ltd. The application was heard in the Fair Work Commission. The union argued that the agreement, which sets out terms and conditions for employees, was necessary to address specific workplace issues and improve employee conditions. The employer, K & D Interiors Pty Ltd, did not oppose the application but raised concerns about certain provisions.

The central legal issue before the Commission was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment, taking into account the interests of both employees and the employer. Additionally, the Commission assessed if the agreement complied with any relevant award or registered agreement and did not unfairly discriminate against any group of employees.

The Commission found that the collective agreement was fair and reasonable, as it addressed the specific issues raised by the union and improved the terms and conditions for employees. The agreement was consistent with the relevant award and did not unfairly discriminate against any group of employees. Consequently, the Commission approved the application for the K & D Interiors Pty Ltd / CFMEU Collective Agreement 2019-2023. The decision was based on the evidence presented, which demonstrated that the agreement was in the best interests of the employees and the employer.

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