Kinstalls Pty Ltd

[2025] FWCA 1399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kinstalls Pty Ltd

(AG2025/1218)

KINSTALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2025

Application for approval of the Kinstalls Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

Kinstalls Pty Ltd has made an application for approval of an enterprise agreement known as the Kinstalls Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 29 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kinstalls Pty Ltd sought approval for a Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 with the CFMEU (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which had to determine whether the agreement complied with the Fair Work Act 2009. The legal issues centred on whether the agreement met the requirements of the Act, including its provisions on minimum terms and conditions, the right to freedom of association, and its overall fairness. The Commission examined if the agreement provided for a fair and reasonable basis for the employment relationship and if it allowed for the expression of employees' views on their employment conditions.

The Commission found that the agreement adhered to the mandatory minimum terms and conditions stipulated in the Fair Work Act, including provisions on wages, hours of work, leave, and other employment-related matters. It also concluded that the agreement did not impede the right to freedom of association, as it allowed employees to form and join trade unions and engage in industrial action. Furthermore, the agreement was deemed fair and reasonable, considering the parties' bargaining positions, the economic context, and the impact of the agreement on the employees. The Commission approved the agreement, highlighting its balanced approach to addressing the interests of both employers and employees.

The Fair Work Commission approved the Kinstalls Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The Commission found the agreement to be in compliance with the Fair Work Act 2009, providing for the mandatory minimum terms and conditions, not impeding the right to freedom of association, and being fair and reasonable. The Commission's decision recognised the balanced approach taken in the agreement to address the interests of both employers and employees within the context of the carpentry and joinery industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established