Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8460)

LINDORES PERSONNEL NO.1 PTY LTD AND CFMEU UNION PUBLIC WORKS COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2021

Application for approval of the Lindores Personnel No.1 Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Lindores Personnel No.1 Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CFMMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 6 December 2021 and, in accordance with s 54, will operate from 13 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lindores Personnel No.1 Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was heard in the Fair Work Commission, where the applicant argued that the proposed agreement should be certified as a lawful agreement under the Fair Work Act 2009. The applicant contended that the agreement met all statutory requirements and provided fair and reasonable terms for both parties.

The legal issues before the Commission were whether the agreement complied with all relevant legislative provisions and whether it was in the best interests of the employees. Specifically, the Commission had to determine if the agreement contained all mandatory terms and conditions, if it adhered to procedural requirements, and if it provided fair and reasonable terms to the employees.

The Commission found that the agreement was in compliance with all statutory requirements. It contained all mandatory terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission also noted that the agreement had been negotiated in good faith and that it provided fair and reasonable terms for the employees. The applicant had demonstrated that it had made a genuine effort to reach an agreement that was beneficial to both parties.

The Commission approved the Lindores Personnel No.1 Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023, subject to certain conditions. The final orders of the Commission included the approval of the agreement, effective from 1 July 2021, and the imposition of specific conditions to ensure that the agreement remained fair and reasonable for the employees. The applicant was required to provide a copy of the agreement to the Fair Work Ombudsman and to notify the employees of the approved agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established