DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5325)

KITCHEN INNOVATIONS UNIT TRUST (THE TRUSTEE FOR) T/AS KITCHEN INSTALLATION SOLUTIONS AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the Kitchen Innovations Unit Trust (the Trustee for) T/As Kitchen Installation Solutions Australia and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kitchen Innovations Unit Trust (the Trustee for) T/As Kitchen Installation Solutions Australia and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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, 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, 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 15 February 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the Kitchen Innovations Unit Trust (the Trustee for) T/As Kitchen Installation Solutions Australia and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission (FWC) was tasked with considering the terms and conditions of employment contained within the proposed agreement. The dispute arose between Kitchen Installation Solutions Australia and the Construction, Forestry, Mining and Energy Union (CFMEU) regarding the specifics of their proposed enterprise agreement. The applicant, Kitchen Installation Solutions Australia, sought the approval of the FWC for the enterprise agreement, while the CFMEU argued for certain provisions within the agreement to be upheld.

The central legal issues before the FWC included whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the Fair Work Commission’s standards for procedural fairness. The FWC also had to determine whether the provisions in the agreement concerning wages, working conditions, and dispute resolution mechanisms were fair and reasonable. The court examined the balance of power between the employer and the union and whether the agreement provided for a fair and efficient system for resolving workplace disputes.

After carefully reviewing the terms of the proposed agreement, the FWC found that the agreement met the legislative requirements and adhered to the principles of procedural fairness. The Commission noted that the agreement included provisions that were beneficial to both parties and provided an efficient mechanism for resolving disputes. The FWC approved the enterprise agreement, highlighting the balance achieved between the interests of the employer and the union. The decision underscored the importance of fair and equitable workplace agreements that promote harmonious industrial relations. The Commission's approval of the agreement ensured that the terms and conditions were legally binding and enforceable.

Construction, Forestry, 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