Construction, Forestry, Mining and Energy Union

[2014] FWCA 7237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/7464)

K-LINE INTERIORS AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 -2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 17 OCTOBER 2014

Application for approval of the K-Line Interiors Australia Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the K-Line Interiors Australia Pty Ltd / CFMEU Collective Agreement 2014 - 2017 (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 Union). The agreement is single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Union have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of the decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE410636 PR556564

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement with K-Line Interiors Australia Pty Ltd. The agreement, which was to cover a period of 2014 to 2017, outlined various terms and conditions of employment for employees in the company. The central issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider if the agreement met the necessary criteria for approval, including whether it facilitated a fair and efficient workplace, and whether it was made in good faith and without coercion.

The Commission examined several aspects of the agreement, including the procedural fairness of the negotiation process, the content of the agreement in relation to various employment standards, and whether the agreement was in the best interest of the employees. Key concerns included the extent to which the agreement addressed issues such as wages, working conditions, dispute resolution mechanisms, and other terms of employment. The Commission also considered submissions from both parties, as well as any relevant industry standards and practices.

Upon reviewing the application and all relevant materials, the Commission found that the collective agreement was procedurally fair, made in good faith, and did not involve any coercion. The content of the agreement was deemed to be in compliance with the Fair Work Act, addressing all necessary employment standards and providing for fair and efficient workplace practices. The Commission was satisfied that the agreement was in the best interests of the employees and facilitated a balanced relationship between the employer and the union. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the K-Line Interiors Australia Pty Ltd / CFMEU Collective Agreement 2014-2017, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established