DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5890)

THE TRUSTEE FOR KIDD FAMILY TRUST T/AS PINNACLE COMMERCIAL INTERIORS AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of The Trustee for Kidd Family Trust T/As Pinnacle Commercial Interiors and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the Trustee for Kidd Family Trust T/As Pinnacle Commercial Interiors and CFMEU Union Collective Agreement 2018 - 2022 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between The Trustee for the Kidd Family Trust trading as Pinnacle Commercial Interiors and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which aimed to regulate employment conditions between the employer and union members within the specified period. The dispute centred on whether the agreement met the legal criteria for approval, particularly in relation to the requirements for bargaining and the impact on the workforce.

The legal issues before the Commission were whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work Act, specifically concerning the scope of the bargaining process and the protections afforded to employees. The Commission needed to assess if the agreement was genuinely negotiated, if it covered the appropriate bargaining unit, and if it contained terms and conditions that were fair and reasonable. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both parties and complied with any relevant industrial laws.

In its decision, the Commission found that the collective agreement was made in good faith and satisfied the legal requirements for approval. The Commission noted that the agreement was the result of genuine negotiations between the employer and the union, covering a defined bargaining unit. The terms and conditions of the agreement were deemed fair and reasonable, and the Commission was satisfied that the agreement appropriately balanced the interests of both parties. The Commission further held that the agreement complied with all relevant provisions of the Fair Work Act, and therefore, approved the application for the collective agreement.

The Fair Work Commission approved the application for the collective agreement, confirming its compliance with the Fair Work Act. The Commission's decision was based on the evidence that the agreement was genuinely negotiated, covered the appropriate bargaining unit, and contained fair and reasonable terms and conditions. The Commission also noted that the agreement appropriately balanced the interests of both parties and did not contravene any provisions of 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