DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/516)

TOP KNOT CARPENTRY SERVICES PTY LTD T/AS TOP KNOT CARPENTRY & JOINERY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 MARCH 2020

Application for approval of the TOP KNOT CARPENTRY SERVICES PTY LTD T/As TOP KNOT CARPENTRY & JOINERY and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the TOP KNOT CARPENTRY SERVICES PTY LTD T/As TOP KNOT CARPENTRY & JOINERY and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 20 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Enterprise Agreement between TOP KNOT CARPENTRY SERVICES PTY LTD, trading as Top Knot Carpentry & Joinery, and the CFMEU (Victorian Construction and General Division) for the period 2019 to 2020. The application was contested by the employer, who raised concerns about certain provisions within the agreement, particularly those related to pay rates and conditions for employees.

The primary legal issues before the Commission were whether the provisions of the Enterprise Agreement complied with the Fair Work Act 2009 and if the agreement was in the best interests of the employees. Key points of contention included the calculation of overtime pay rates, the classification of employees, and the applicability of certain conditions to newly hired staff. The Commission needed to determine if these provisions were fair and reasonable, and if they met the requirements for the approval of a new enterprise agreement.

After reviewing the evidence and submissions from both parties, the Commission found that the majority of the provisions in the Enterprise Agreement were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate pay rates and conditions for the employees, taking into account the nature of the work and industry standards. The employer's concerns regarding the classification of employees and the calculation of overtime pay rates were addressed by the Commission, which determined that these provisions were consistent with the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement, finding that it met the necessary criteria and was in the best interests of the employees.

The final orders of the Commission included the approval of the Enterprise Agreement between TOP KNOT CARPENTRY SERVICES PTY LTD, trading as Top Knot Carpentry & Joinery, and the CFMEU (Victorian Construction and General Division) for the period 2019 to 2020. The agreement was to be registered and enforceable as of the date of the decision, with the specified provisions to be implemented between the parties. The employer was directed to provide the necessary documentation to the Commission within the stipulated timeframe.

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