Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2221)

KINGSTON INTERIORS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 12 AUGUST 2013

Application for approval of the Kingston Interiors (NSW) Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as Kingston Interiors (NSW) Pty Ltd / CFMEU Collective Agreement 2013 - 2014 (the Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 19 August 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Kingston Interiors (NSW) Pty Ltd / CFMEU Collective Agreement 2013 - 2014. The application was brought before the Fair Work Commission. The dispute centred on whether the agreement complied with the relevant federal industrial relations legislation, specifically whether it contained all the necessary provisions and was made in good faith. The CFMEU argued that the agreement was a genuine attempt to resolve workplace issues and provided appropriate protections for employees, while Kingston Interiors contended that certain provisions were not necessary and had not been negotiated in good faith.

The Commission had to decide if the agreement met the statutory requirements for approval. This included examining whether the agreement contained all the prescribed minimum terms and conditions, was not contrary to public policy, and was made in good faith. The Commission also had to consider if the agreement was genuinely intended to improve workplace relations and provide fair terms for both employers and employees. The CFMEU maintained that the agreement was a fair and reasonable attempt to address workplace issues, while Kingston Interiors argued that some provisions were superfluous and not negotiated properly.

After considering the evidence and arguments from both parties, the Commission found that the agreement largely complied with the relevant legislation. The Commission determined that the agreement contained all the necessary provisions and was made in good faith. The Commission emphasised that the agreement aimed to improve workplace relations and provided appropriate protections for employees. The Commission approved the agreement, noting that while some provisions could be improved, the overall intent and content of the agreement were consistent with the objectives of the federal industrial relations framework.

The final orders of the Commission included the approval of the Kingston Interiors (NSW) Pty Ltd / CFMEU Collective Agreement 2013 - 2014, with some minor amendments to address specific concerns raised during the hearing. The Commission directed the parties to make any necessary changes to the agreement within a specified timeframe and to notify the Commission of the implementation of the approved agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established