CFMEU (105N) v KPI services (NSW) Pty Ltd
What happened
The CFMEU (105N) sought clarification regarding the correct classification of traffic control workers employed by KPI Services (NSW) Pty Ltd. The dispute arose under a collective agreement, the KPI Services (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027. The union argued that the workers were not correctly classified, but the employer maintained its position.
What was decided
The Fair Work Commission ruled in favour of the CFMEU. The Commission found that the collective agreement’s wording was clear and that the employer’s arguments could not override the agreement's plain meaning. The decision resolved the dispute regarding the classification of the traffic control workers.
What it means for employers
Employers should carefully review their enterprise agreements and ensure that their classifications of employees align with the agreement's wording. Arguments against the plain meaning of an agreement are unlikely to succeed.
What it means for employees
Employees should be aware of their rights under enterprise agreements and seek clarification from their union if they believe their classification is incorrect. Agreements are legally binding documents.
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