DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/783)

KEY INTERIORS (ACT & NSW) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2019

Application for approval of the Key Interiors (ACT & NSW) Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Key Interiors (ACT & NSW) Pty Ltd and CFMEU ACT Enterprise Agreement 2018 (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 15 April 2019. The nominal expiry date of the Agreement is 30 August 2019.

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 applied for the approval of the Key Interiors (ACT & NSW) Pty Ltd and CFMEU ACT Enterprise Agreement 2018. The application was made under section 232 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement between Key Interiors and the Union. The company is involved in the interior design and construction industry, while the Union represents employees within that sector.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act, including whether it provided for the proper bargaining process, and whether it adhered to the provisions concerning the minimum entitlements of employees. The Commission needed to determine if the agreement was made in good faith and whether it provided for the appropriate minimum terms and conditions as required by law. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the application met the requirements of the Act. It concluded that the agreement was made in good faith and that it provided for the appropriate minimum terms and conditions. The Commission determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect as per the terms specified in the document.

The Commission made an order approving the Key Interiors (ACT & NSW) Pty Ltd and CFMEU ACT Enterprise Agreement 2018, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding for the duration specified within the agreement, providing a clear framework for the employment relationship between Key Interiors and the employees represented by the Union.

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