DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5509)

KIWI KIWI INDUSTRIES PTY LTD T/AS KIWI KIWI AND SONS FLOORING AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JUNE 2021

Application for approval of the Kiwi Kiwi Industries Pty Ltd T/As Kiwi Kiwi and Sons Flooring and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Kiwi Kiwi Industries Pty Ltd T/As Kiwi Kiwi and Sons Flooring and CFMEU Union Collective Agreement 2020‒2022 (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 24 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Kiwi Kiwi Industries Pty Ltd T/As Kiwi Kiwi and Sons Flooring and CFMEU Union Collective Agreement 2020‒2022. The application was made under section 235 of the Fair Work Act 2009. Kiwi Kiwi Industries Pty Ltd is a flooring company, and the CFMEU is the applicant union. The nature of the dispute was whether the proposed collective agreement met the legal requirements for approval under the Fair Work Act.

The legal issues the court had to decide included whether the agreement was made in good faith, whether it provided for a genuine enterprise bargaining process, and whether it contained any provisions that were contrary to public policy or were otherwise unlawful. The court also had to consider whether the agreement provided for appropriate mechanisms for resolving disputes and whether it contained provisions that were necessary to prevent unfair treatment of employees. The court examined the terms and conditions of the agreement, the bargaining process that led to its creation, and the circumstances surrounding its execution.

The court found that the agreement was made in good faith, provided for a genuine enterprise bargaining process, and did not contain any provisions that were contrary to public policy or unlawful. The court also found that the agreement contained appropriate mechanisms for resolving disputes and provided for necessary provisions to prevent unfair treatment of employees. The court approved the agreement, noting that it contained provisions that were fair and reasonable and met the legal requirements for approval under the Fair Work Act.

The final orders of the court were that the proposed collective agreement be approved, and that it be registered with the Fair Work Commission. The court also ordered that the agreement be published in the Federal Register of Legislation and that copies be provided to the parties and the Fair Work Commission. The court's decision was based on a thorough examination of the agreement and the bargaining process that led to its creation.

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