DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/440)

THE TRUSTEE FOR KRE8IVE FITOUTS UNIT TRUST T/A KRE8IVE FITOUTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 MARCH 2016

Application for approval of the The Trustee for Kre8ive Fitouts Unit Trust T/A Kre8ive Fitouts Pty Ltd and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise Agreement known as the The Trustee for Kre8ive Fitouts Unit Trust T/A Kre8ive Fitouts Pty Ltd and CFMEU Union Collective Agreement 2014-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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, Mining and Energy Union is 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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and The Trustee for Kre8ive Fitouts Unit Trust trading as Kre8ive Fitouts Pty Ltd. The dispute arose over the approval of a union collective agreement for the period 2014 to 2018. The case was heard in the Fair Work Commission (FWC). The FWC was tasked with determining whether the proposed collective agreement met the necessary legal standards for approval, particularly focusing on compliance with the Fair Work Act 2009. Key issues included whether the agreement provided for the proper protection of employees' rights and interests and whether it adhered to the principles of good faith bargaining and procedural fairness.

The FWC examined the bargaining process and the content of the agreement to ensure it was made in good faith and did not disadvantage employees. The court needed to assess whether the agreement complied with relevant provisions of the Fair Work Act and whether it was fair and reasonable in all its terms. The FWC also had to consider whether the agreement facilitated efficient workplace relations and if it included adequate provisions for dispute resolution. The legal scrutiny extended to ensuring the agreement was not contrary to public policy or industrial peace.

After a thorough review, the FWC concluded that the proposed agreement was fair and reasonable, and it approved the application for the collective agreement. The FWC found that the bargaining process was conducted in good faith and the agreement was consistent with the principles of the Fair Work Act. The court determined that the agreement provided appropriate protections for employees and did not contravene any legal requirements. The FWC’s decision was based on the comprehensive analysis of the agreement's provisions and the evidence presented by both parties.

The final orders included the approval of the union collective agreement between the CFMEU and Kre8ive Fitouts Pty Ltd for the period 2014 to 2018. The agreement was deemed to meet all necessary legal standards, and the FWC confirmed its validity and enforceability under the Fair Work Act. The court’s decision ensured that the agreement would govern the employment conditions of the workers covered by the agreement, providing a framework for fair and efficient industrial relations.

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