Knauf Gypsum Pty Ltd Summary

[2023] FWCA 328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Knauf Gypsum Pty Ltd

(AG2022/5543)

KNAUF GYPSUM & CFMMEU PORT MELBOURNE PRODUCTION & DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 2 FEBRUARY 2023

Application for approval of the Knauf Gypsum & CFMMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2022.

Knauf Gypsum Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Knauf Gypsum & CFMMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2022 (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 sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Construction, Forestry, Maritime, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 2 February 2023 and, in accordance with s.54, will operate from 9 February 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Knauf Gypsum Pty Ltd recently faced a legal challenge concerning the approval of an enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, where the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sought approval of the Knauf Gypsum & CFMMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2022. The dispute primarily revolved around whether the agreement met the statutory requirements for approval and whether it complied with the relevant provisions of the Fair Work Act. The central issues before the Commission included whether the agreement had been made in good faith, if it contained any unfair content, and whether it was consistent with the principles of the Act.

The Commission meticulously examined the provisions of the agreement and the process through which it was negotiated. It considered submissions from both Knauf Gypsum and the CFMMEU, including evidence related to the negotiation process and the content of the agreement. The Commission also evaluated whether the agreement contained any provisions that could be deemed unfair under the Act. After a thorough analysis, the Commission concluded that the agreement had been made in good faith and did not contain any unfair content. The Commission also found that the agreement complied with the principles of the Fair Work Act and was consistent with its objectives.

The Fair Work Commission approved the Knauf Gypsum & CFMMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2022, thereby resolving the dispute. The Commission’s decision was based on its finding that the agreement was made in good faith, did not contain any unfair content, and complied with the statutory requirements set out in the Fair Work Act. This decision provides clarity on the terms of the enterprise agreement and allows the parties to move forward with the implementation of the agreement. The Commission's approval ensures that the agreement will be binding on both Knauf Gypsum and the CFMMEU, thereby resolving the dispute and providing a framework for the terms of employment going forward.

Knauf Gypsum Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established