DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1573)

KONTRO GROUP PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2020

Application for approval of the Kontro Group Pty Ltd/ CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Kontro Group 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). 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 26 June 2020. 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement entered into with Kontro Group Pty Ltd. The agreement in question sought to establish the terms and conditions of employment for employees within the specified period of 2019-2022. The dispute arose from the union's request for the Commission to formally recognise the agreement under the Fair Work Act 2009.

The primary legal issues the Commission had to address included whether the agreement complied with the statutory requirements for approval, and whether it met the standards of good faith bargaining and the public interest. The Commission needed to ensure that the agreement did not contravene any provisions of the Act and that it provided for fair and reasonable terms for the employees. Additionally, the Commission was tasked with determining if the agreement adhered to the principles of industrial relations law, including those related to good faith and the avoidance of unprotected industrial action.

In its decision, the Commission carefully examined the provisions of the proposed agreement against the relevant legal framework. The Commission found that the agreement was in substantial compliance with the Act and met the criteria for approval. The agreement was deemed to have been reached through genuine good faith bargaining and did not contain any terms that were contrary to the public interest. The Commission noted that the agreement provided for fair and reasonable terms of employment and did not include any provisions that would undermine the principles of the industrial relations system. Consequently, the Commission approved the collective agreement, recognising it as a valid and binding instrument between the parties.

As a result of the decision, the Kontro Group Pty Ltd/CFMEU Collective Agreement 2019-2022 was formally approved and registered, setting the terms and conditions of employment for the relevant employees for the specified period. The Commission's approval ensures that the agreement is legally enforceable and provides a framework for the industrial relationship between the union and the employer.

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