DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5364)

KOMPASS GROUP AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	CANBERRA, 5 OCTOBER 2018

Application for approval of the Kompass Group Australia Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kompass Group Australia 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.

[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 12 October 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 involved an application for the approval of a collective agreement between Kompass Group Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was the Kompass Group Australia Pty Ltd / CFMEU Collective Agreement 2018. The CFMEU sought to have the agreement approved under section 234 of the Fair Work Act 2009, arguing it met the good faith bargaining requirements and the agreement was in the best interests of the employees. Kompass Group Australia Pty Ltd did not oppose the application, but raised concerns about certain provisions of the agreement.

The primary legal issues before the Commission were whether the agreement was the product of genuine and good faith bargaining, and whether it was in the best interests of the employees. The Commission had to determine if the CFMEU and Kompass Group Australia Pty Ltd had engaged in genuine and good faith bargaining leading to the agreement, and if the agreement contained terms and conditions that were fair and beneficial to the employees. The Commission also had to consider if the agreement met the requirements of section 234 of the Fair Work Act, including whether it was a genuine agreement and whether it would be in the best interests of the employees.

The Fair Work Commission found that the agreement was the result of genuine and good faith bargaining between the parties. The Commission was satisfied that the CFMEU and Kompass Group Australia Pty Ltd had engaged in a process that met the requirements of good faith bargaining, and that the agreement reflected the outcome of that process. The Commission also found that the agreement contained terms and conditions that were fair and beneficial to the employees, and that it met the requirements of section 234 of the Fair Work Act. The Commission approved the Kompass Group Australia Pty Ltd / CFMEU Collective Agreement 2018, finding it to be in the best interests of the employees. The Commission's decision was based on the evidence presented and its assessment of the bargaining process and the terms of the agreement.

The final orders of the Fair Work Commission were that the Kompass Group Australia Pty Ltd / CFMEU Collective Agreement 2018 be approved under section 234 of the Fair Work Act 2009. The agreement was to be registered with the Commission and would apply to the employees of Kompass Group Australia Pty Ltd covered by the agreement. The orders also provided for the agreement to be published on the Commission's website and for the parties to provide a copy of the agreement to the Fair Work Ombudsman.

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