DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6985)

KINGSTON JOINERY PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the Kingston Joinery Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Kingston Joinery Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Kingston Joinery Pty Ltd. The nature of the dispute pertained to the approval of a collective agreement between the two parties for the period of 2018-2019. The Fair Work Commission (FWC) was the court that presided over the case. The central legal issues that the FWC had to address involved whether the collective agreement was consistent with the provisions of the Fair Work Act 2009 and if it adhered to the principles of good faith bargaining and the fair treatment of employees.

The FWC examined the agreement to determine if it complied with the requirements of the Fair Work Act. This included assessing whether the agreement promoted efficient, productive, and harmonious workplace relations. The FWC also considered if the agreement was consistent with the principles of good faith bargaining, which require that parties engage in meaningful negotiations and reach an agreement in good faith. Additionally, the FWC examined if the agreement provided fair terms and conditions for employees, ensuring they were not disadvantaged. The FWC took into account the parties' submissions, evidence, and relevant legal precedents in reaching its decision.

In its reasoning, the FWC found that the collective agreement met the requirements of the Fair Work Act. The agreement was consistent with the principles of good faith bargaining and provided fair terms and conditions for employees. The FWC noted that both parties had engaged in meaningful negotiations and had reached an agreement in good faith. The terms and conditions of the agreement were deemed to be fair and balanced, taking into account the needs of both the employer and employees. As a result, the FWC approved the Kingston Joinery Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

The final orders of the FWC were to approve the collective agreement between Kingston Joinery Pty Ltd and the CFMEU for the period of 2018-2019. The FWC found that the agreement complied with the Fair Work Act and promoted efficient, productive, and harmonious workplace relations. The FWC also found that the agreement was consistent with the principles of good faith bargaining and provided fair terms and conditions for employees. As a result, the agreement was approved, and both parties were bound by its terms.

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