DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2718)

KNOLL LABOUR PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 17 JULY 2018

Application for approval of the Knoll Labour Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Knoll Labour Pty Ltd and CFMMEU 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] 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 24 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Knoll Labour Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred on whether the proposed agreement adequately met the legal standards set by the Fair Work Act 2009, particularly regarding the fairness of the terms and conditions for employees covered by the agreement. The Fair Work Commission was the tribunal tasked with assessing the application and making a determination on the approval of the collective agreement.

The primary legal issues before the Commission were whether the collective agreement complied with the requirements of the Fair Work Act and whether it was fair and reasonable for the employees it covered. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it included appropriate mechanisms for resolving disputes and ensuring the protection of employees' rights. The Commission also examined the process through which the agreement was negotiated and whether it was done in good faith.

In assessing the application, the Commission considered the provisions of the Fair Work Act and relevant case law. The Commission found that the collective agreement contained terms and conditions that were fair and reasonable, taking into account the bargaining power of the parties, the nature of the industry, and the rights and interests of the employees. The Commission noted the parties' negotiation process, the presence of dispute resolution mechanisms, and the overall protection of employees' rights as positive factors. Based on this assessment, the Commission concluded that the agreement met the legal standards and was approved.

The Fair Work Commission approved the Knoll Labour Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, finding that it complied with the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions. The Commission's decision provides guidance on the legal standards for assessing collective agreements and reinforces the importance of good faith negotiations and the protection of employees' rights in the collective bargaining process.

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