DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/157)

TOP KNOT PROJECTS PTY LTD AND CFMEU ACT FINISHING AND FAÇADE TRADES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Top Knot Projects Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 18 February 2021. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Top Knot Projects Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020. The application was made under the Fair Work Act 2009, with the primary objective of having the agreement recognised as a registered agreement, which would provide it with specific legal benefits and protections. The dispute centred on whether the agreement complied with the statutory requirements for registration and whether it adhered to the standards of good faith bargaining and fairness.

The legal issues before the Commission were primarily concerned with the procedural fairness of the bargaining process and the substantive fairness of the agreement's terms. The Commission had to determine if the union and employer engaged in genuine and meaningful negotiations, as mandated by the Act, and whether the agreement was made in good faith. Additionally, the Commission examined whether the agreement met the criteria for registration, including compliance with the minimum standards set out in the Act and ensuring that it did not include any terms that were unfair.

The Commission found that the negotiation process between the parties was procedurally fair and that the agreement was made in good faith. The evidence presented indicated that the union and employer had engaged in extensive discussions and reached a consensus on the terms of the agreement. The substantive fairness of the agreement was also upheld, as it did not contain any terms that were considered to be harsh, unjust, or unreasonable. The Commission concluded that the agreement met all the statutory requirements for registration and did not include any provisions that contravened the minimum standards of the Act.

Consequently, the Fair Work Commission approved the Top Knot Projects Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 as a registered agreement. This decision provided the agreement with the legal protections and benefits afforded by the Fair Work Act, ensuring that the terms and conditions outlined in the agreement would be enforceable and upheld in the workplace.

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