DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2636)

KINGSTON FITOUT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 SEPTEMBER 2020

Application for approval of the Kingston Fitout Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Kingston Fitout Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 the 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 25 September 2020. 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between Kingston Fitout Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The nature of the dispute centred on whether the agreement, which had been negotiated between the employer and the union, complied with the statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the agreement to determine if it met the criteria for registration and approval.

The legal issues before the Commission included whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act, if it adhered to the provisions regarding enterprise bargaining and if it complied with the good faith bargaining obligations. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it complied with the public interest considerations.

In its reasoning, the Commission examined the contents of the agreement clause by clause, ensuring that all mandatory terms were present and correctly formulated. It determined that the agreement met all statutory requirements and did not contain any terms that were contrary to public policy or the public interest. The Commission found that the agreement was the product of genuine and good faith bargaining between the parties and that it was in the best interests of the employees. Therefore, the Commission approved the collective agreement, finding it to be compliant with the relevant legislative framework.

The final orders of the Commission were that the Kingston Fitout Pty Ltd / CFMEU Collective Agreement 2019-2022 was approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be binding on all employees of Kingston Fitout Pty Ltd and the CFMEU for the specified period, ensuring that the terms and conditions set out within the agreement were enforceable in accordance with the Act.

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