DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5307)

KREADON PTY LTD AND CFMEU ACT FINISHING AND FAÇADE TRADES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JUNE 2021

Application for approval of the Kreadon Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Kreadon Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 June 2021 and, in accordance with s 54, will operate from 8 June 2021. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Kreadon Pty Ltd, which sought approval of the Kreadon Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020. The dispute centred on whether the agreement met the criteria for registration under the Fair Work Act 2009, particularly in terms of procedural fairness and the agreement's capacity to provide for efficient, productive, and flexible workplace relations.

The legal issues that the Commission had to resolve included whether the agreement was made in accordance with the requirements of the Fair Work Act, and if it appropriately facilitated efficient, productive, and flexible workplace relations. This encompassed examining the process by which the agreement was formed, including the representation of the parties involved and whether the agreement contained terms that could potentially undermine the intended benefits of the Act.

In reaching its decision, the Commission thoroughly examined the procedural fairness of the agreement's formation and its terms. The Commission found that the agreement was appropriately made and contained provisions that fostered efficient, productive, and flexible workplace relations. The Commission emphasised the importance of ensuring that agreements were made with due regard to procedural fairness and the broader objectives of the Fair Work Act. Based on this analysis, the Commission approved the agreement, finding that it met the necessary statutory requirements.

As a result of this decision, the Kreadon Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 was approved for registration. This approval ensures that the agreement is legally binding and enforceable under the Fair Work Act, providing a framework for the terms and conditions of employment between the parties.

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