DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5824)

KINGSTON FITOUT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Kingston Fitout Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kingston Fitout Pty Ltd / CFMEU Collective Agreement 2017-2018 (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 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of a collective agreement between Kingston Fitout Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2017-2018. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The employer, Kingston Fitout, did not oppose the application but raised concerns about the fairness of certain provisions within the agreement.

The primary legal issue for the Commission to determine was whether the collective agreement met the statutory criteria for registration under section 233 of the Fair Work Act. This included whether the agreement contained only matters that are bargainable under the Act, whether it was in writing, and whether it had been made in good faith. The Commission also needed to consider whether any provisions of the agreement were unfair within the meaning of section 235 of the Act.

In assessing the application, the Commission examined the content of the agreement and the process by which it was negotiated. The Commission found that the agreement contained only matters that were bargainable under the Fair Work Act and that it was in writing. The Commission also determined that the agreement was made in good faith and that there were no provisions that could be considered unfair. The Commission noted that while some provisions may have been contentious, they were within the scope of legitimate bargaining and did not contravene any statutory provisions or public policy considerations.

The Commission approved the collective agreement as a registered agreement. The decision underscores the importance of ensuring that collective agreements comply with the statutory requirements for registration and that the process of negotiation is conducted in good faith. The outcome confirms that the Fair Work Commission will scrutinise agreements to ensure they meet the necessary standards for registration while also respecting the bargaining rights of the parties involved.

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