Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8571)

LOVELIGHT INSTALLATIONS PTY LTD AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 7 DECEMBER 2021

Application for approval of the Lovelight Installations Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Lovelight Installations Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single enterprise agreement.

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

[3] The CFMMEU, 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) I note that the Agreement covers the organisation.

[4] I observe that the provisions at clause 35 (Family Violence Leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union and Lovelight Installations Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement. The agreement was for the manufacturing division of the union, and it was for the year 2021. The union and the employer had reached a settlement and had signed an agreement, but they required the agreement to be approved by the Fair Work Commission to make it binding. The union and the employer were in dispute over the terms of the agreement, and the union had filed an application for approval of the agreement. The Fair Work Commission was required to decide whether the agreement complied with the Fair Work Act and whether it was in the interests of the employees.

The primary legal issue before the Fair Work Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act. The Fair Work Act requires that an enterprise agreement must be in the interests of the employees, and it must comply with certain minimum standards. The union and the employer had reached a settlement, but the union was concerned that the agreement did not adequately address certain issues. The union argued that the agreement did not provide adequate protections for employees, and it did not provide sufficient job security. The employer, on the other hand, argued that the agreement was fair and reasonable and that it provided adequate protections for employees.

The Fair Work Commission found that the Enterprise Agreement complied with the provisions of the Fair Work Act. The Commission found that the agreement provided adequate protections for employees and that it was in their interests. The Commission found that the agreement provided for adequate job security, and it provided for adequate protections for employees in the event of redundancy. The Commission also found that the agreement provided for adequate provisions for the resolution of disputes between employees and the employer. The Commission was satisfied that the agreement was fair and reasonable and that it complied with the minimum standards required by the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement, and it became a binding agreement between the union and the employer. The agreement provided for the terms and conditions of employment for employees in the manufacturing division of the union, and it provided for the resolution of disputes between employees and the employer. The agreement was approved on the condition that it was to be in force for the period of one year, from the date of approval. The Fair Work Commission's decision provides clarity for employers and employees in the manufacturing industry and ensures that the terms and conditions of employment are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established