Construction, Forestry and Maritime Employees Union

[2025] FWCA 140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4918)

LAMIO GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2025

Application for approval of the Lamio Group of Companies / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Lamio Group of Companies / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 18 December 2024.

On 23 December 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

On 9 January 2025, the Applicant provided a statutory declaration of Arron Platt, [no relation] submissions and supporting material which resolved the pre-approval concerns identified.

The Agreement was not lodged within 14 days after it was made due to difficulty in locating the correct employer signatory. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 11 December 2024.

The Applicant sought to amend the Agreement to remove references to the Trustee for Lamio Trading Trust contained in the Agreement on the basis the Trustee for Lamio Trading Trust does not employ any persons and is not capable of making or being covered by an enterprise agreement. I allow the correction pursuant to s.586(a) of the Act. I am satisfied that by removing the Trustee for Lamio Trading Trust from the scope clause of the Agreement, the group of employees covered would not change nor would there be any prejudice as to genuine agreement.[1]

The reference to the Trustee for Lamio Trading Trust was also contained in the Notice of Employee Representational Rights (NERR). I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error in relation to the NERR is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

The Construction, Forestry and Maritime Employees 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

[1] Daracon Engineering Pty Ltd t/a Daracon [2019] FWCA 3842.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the Lamio Group of Companies Collective Agreement 2024-2027. The application was heard in the Fair Work Commission, where the central issue was whether the proposed terms of the collective agreement complied with the relevant legislative requirements and principles of good faith bargaining. The dispute arose due to disagreements between the parties regarding certain terms and conditions of employment, particularly those related to wages, working hours, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. This required an assessment of whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it adhered to the provisions of the Fair Work Act, including the requirement that the agreement must not have the effect of undermining the operation of the safety net of minimum wages and conditions. The CFMEU argued that the agreement was the product of genuine negotiations and was fair and reasonable, while the Lamio Group of Companies contended that certain provisions were unfair and not made in good faith.

The Commission examined the process of negotiations and the content of the agreement in detail. It found that the negotiations were conducted in good faith and that the agreement did not undermine the safety net of minimum wages and conditions. The Commission also noted that the provisions of the agreement were reasonable and not coercive. The CFMEU provided evidence of extensive negotiations and compromise, which the Commission accepted as demonstrating compliance with the legislative requirements. The Commission concluded that the agreement met the criteria for approval and was consistent with the principles of good faith bargaining and the protection of employees' rights.

The Commission approved the Lamio Group of Companies Collective Agreement 2024-2027, finding it to be a fair and reasonable agreement that complied with the Fair Work Act. This decision provides clarity for both employers and employees regarding the terms and conditions of employment in the Lamio Group of Companies, and sets a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established