DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7632)

TOP KNOT CARPENTRY SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the TOP KNOT CARPENTRY SERVICES PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TOP KNOT CARPENTRY SERVICES PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the TOP KNOT CARPENTRY SERVICES PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The primary dispute centered on whether the agreement met the necessary legal standards and procedural requirements for formal endorsement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission (FWC), which is the body responsible for overseeing the enforcement and interpretation of workplace relations laws in Australia.

The court had to address several key legal issues, including whether the agreement contained all the mandated terms and conditions, whether the necessary procedural steps for its endorsement had been properly followed, and if the agreement adhered to the principles of the Fair Work Act. A significant point of contention was whether the agreement appropriately balanced the interests of both the employer and the employees, in line with the statutory objectives of promoting cooperative and productive workplace relations.

The Fair Work Commission meticulously examined the agreement to ensure it complied with all statutory requirements. It found that the agreement contained all the necessary minimum terms and conditions and that the process for its endorsement was correctly followed. The Commission determined that the agreement was fair and balanced, taking into account the interests of both parties. Consequently, the Commission approved the agreement, affirming that it met all legal standards and procedural requirements.

The Commission's decision concluded with a formal approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 for TOP KNOT CARPENTRY SERVICES PTY LTD. The endorsement was granted on the basis that the agreement was comprehensive, procedurally sound, and in line with the statutory objectives of promoting fair and productive workplace 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