DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3025)

KNOLL LABOUR PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2017

Application for approval of the Knoll Labour Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Knoll Labour Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 23 August 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with Knoll Labour Pty Ltd, covering the period from 2015 to 2019. The application arose from negotiations between the CFMEU and Knoll Labour, which resulted in the proposed collective agreement. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the requirements set forth in the Fair Work Act, particularly in relation to the provisions concerning enterprise bargaining, good faith negotiations, and the avoidance of industrial action. The Commission had to determine if the agreement was made in good faith and if it contained terms and conditions that were fair and reasonable. Furthermore, the Commission needed to ensure that the agreement did not have the effect of facilitating or promoting industrial action that would be detrimental to the national economy.

The Commission examined the terms and conditions of the proposed agreement, considering the evidence provided by both parties. The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement did not facilitate or promote industrial action that would be detrimental to the national economy. Consequently, the Commission approved the collective agreement, recognising it as a lawful and appropriate outcome of the enterprise bargaining process.

The Fair Work Commission approved the Knoll Labour Pty Ltd and CFMEU Union Collective Agreement 2015-2019, thereby affirming the agreement as a legitimate product of the bargaining process between the parties. This decision provided legal certainty to both the employer and the union, ensuring that the terms and conditions of employment were set through a process that met the statutory requirements.

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