DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4071)

TOP KNOT CARPENTRY SERVICES PTY LTD T/AS TOP KNOT CARPENTRY & JOINERY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 18 SEPTEMBER 2017

Application for approval of the TOP KNOT CARPENTRY SERVICES PTY LTD T/As TOP KNOT CARPENTRY & JOINERY and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the TOP KNOT CARPENTRY SERVICES PTY LTD T/As TOP KNOT CARPENTRY & JOINERY and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -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 25 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the TOP KNOT CARPENTRY SERVICES PTY LTD T/As TOP KNOT CARPENTRY & JOINERY and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the application by the union to have the enterprise agreement approved by the Commission. The union argued that the agreement met all the requirements for approval, while the employer raised objections regarding certain clauses within the agreement.

The central legal issues for the Commission to decide were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the requirements for employee and employer coverage, and if it provided for the appropriate bargaining processes. Additionally, the Commission needed to consider whether the agreement contained terms that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission, in its decision, examined the provisions of the Fair Work Act and the specifics of the enterprise agreement. The Commission found that the agreement did not meet certain criteria for approval, including issues related to the coverage of employees and the process for resolving disputes. The Commission also identified clauses within the agreement that were contrary to public policy. As a result, the application for approval was dismissed. The Commission did not approve the enterprise agreement due to these deficiencies.

In conclusion, the Fair Work Commission dismissed the application for the approval of the enterprise agreement between Top Knot Carpentry Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement did not comply with the necessary legal requirements, particularly in terms of employee coverage and dispute resolution processes, and contained clauses that contravened public policy. The Commission did not grant the requested approval and the agreement remains unattested.

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