Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6572

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5758)

Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Top Knot Projects Pty Ltd / CFMEU Collective 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a collective agreement between Top Knot Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the case and was tasked with determining whether the collective agreement should be approved.

The legal issues before the Commission included whether the agreement provided for genuine enterprise bargaining, whether the agreement contained only matters that were bargainable under the Fair Work Act, and whether the agreement provided for the resolution of any future disputes. The Commission also considered whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive and cooperative workplace relations.

The Commission found that the collective agreement met all the statutory requirements for approval. The agreement was genuine in that it was the product of genuine enterprise bargaining between the parties. The matters contained within the agreement were all bargainable under the Fair Work Act, and the agreement provided for the resolution of future disputes. The Commission was satisfied that the agreement was in the best interests of the employees and promoted harmonious, productive and cooperative workplace relations. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2018, finding that it met all the statutory requirements for approval. The Commission found that the agreement was genuine, contained only bargainable matters, provided for the resolution of future disputes, and promoted harmonious, productive and cooperative workplace relations. The Commission also found that the agreement was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established