DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5938)

THE TRUSTEE FOR KINGSTON JOINERY UNIT TRUST T/A KINGSTON JOINERY AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of The Trustee for Kingston Joinery Unit Trust T/A Kingston Joinery and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as The Trustee for Kingston Joinery Unit Trust T/A Kingston Joinery and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of a collective agreement between The Trustee for Kingston Joinery Unit Trust, trading as Kingston Joinery, and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question was the CFMEU Union Collective Agreement 2015-2019. The court was tasked with examining the merits of the agreement and determining whether it should be approved under the relevant industrial legislation. The dispute centred on various terms and conditions outlined in the agreement, including wages, working hours, and dispute resolution mechanisms.

The primary legal issues before the court were whether the agreement complied with the applicable provisions of the Fair Work Act 2009 and whether it met the criteria for being a "single, clear, and understandable" document as required by the Fair Work Commission. The court needed to assess if the agreement was fair and reasonable, particularly in relation to its impact on employees and the broader industrial relations framework.

The court considered the submissions from both parties, along with relevant industrial relations principles and statutory requirements. It found that the agreement generally adhered to the provisions of the Fair Work Act and was consistent with the principles of fairness and reasonableness. The court was satisfied that the agreement provided adequate protections for employees and did not impose unreasonable terms on the employer. Consequently, the court approved the collective agreement, finding it to be in the best interests of the parties involved and compliant with the necessary legal standards.

The final orders of the court included the approval of the CFMEU Union Collective Agreement 2015-2019 between The Trustee for Kingston Joinery Unit Trust and the Construction, Forestry, Mining and Energy Union. The agreement was to be deemed effective from the date of the court's decision, binding both parties and subject to the terms and conditions outlined within it. The court's approval was based on the findings that the agreement met the legal requirements and was fair and reasonable in all respects.

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