DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5208)

KNOLL LABOUR PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 MAY 2021

Application for approval of the Knoll Labour Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Knoll Labour Pty Ltd 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 4 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Knoll Labour Pty Ltd, an employer in the construction industry, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union representing workers in various industries. The dispute centred around the application for approval of a collective agreement between the two parties for the period 2020-2022. The case was heard in the Fair Work Commission (FWC), Australia's independent workplace relations tribunal.

The legal issues before the FWC included whether the proposed collective agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, and if it could be approved under the relevant provisions. The FWC had to consider whether the agreement was in the best interests of the employees covered by it, and whether it met the requirements for good faith bargaining and genuine agreement. The FWC also had to assess the fairness and reasonableness of the terms and conditions contained within the agreement.

The FWC found that the proposed collective agreement complied with the relevant legislation and was in the best interests of the employees. The FWC concluded that the agreement had been reached through good faith bargaining and that both parties had genuinely agreed to the terms. The FWC also found that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the industry, the economic circumstances, and the needs of the employees. As a result, the FWC approved the Knoll Labour Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

In summary, the Fair Work Commission approved the collective agreement between Knoll Labour Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020-2022. The FWC found that the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, and was in the best interests of the employees. The FWC also concluded that the agreement had been reached through good faith bargaining and that its terms and conditions were fair and reasonable.

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