DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6813)

TOP KNOT PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2016-2017 (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 November 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Top Knot Projects Pty Ltd, which was entered into in 2016. The agreement included provisions regarding wages, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The key legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of the mandatory subjects it addressed and whether it was genuinely negotiated between the parties. Additionally, the Commission had to assess if the agreement was in the best interests of the employees, considering factors such as fairness, efficiency, and the overall impact on the workforce.

The Commission found that the agreement was comprehensive and addressed all the mandatory subjects required by the Fair Work Act. The parties demonstrated that the agreement was genuinely negotiated, with both the employer and the union making concessions to reach a mutually acceptable outcome. The Commission concluded that the agreement was fair and balanced, taking into account the specific circumstances of the industry and the workforce. It was in the best interests of the employees, as it provided them with improved wages and conditions, along with effective dispute resolution mechanisms.

The Commission approved the Top Knot Projects Pty Ltd / CFMEU Collective Agreement 2016-2017, effective from 1 January 2016 to 30 June 2017. The agreement was registered under the Fair Work Act, providing legal recognition and enforceability for the terms and conditions set out within it.

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