Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8076)

LENOVO MANAGEMENT PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Lenovo Management Pty Limited / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the Lenovo Management Pty Limited / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Lenovo Management Pty Limited. The agreement was entered into on 23 May 2019, covering a period of 4 years and 6 months, until 30 November 2023. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes and the development of a cooperative workplace relations system.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009 (Cth). Specifically, the Commission needed to determine whether the agreement met the requirements of section 232 of the Act, which outlines the process for approving agreements that fall outside the scope of the enterprise agreement safety net. The Commission had to consider whether the agreement was fair and reasonable and if it was genuinely negotiated between the parties.

The Commission found that the agreement met the requirements of section 232 of the Act. The CFMEU and Lenovo Management Pty Limited had genuinely negotiated the agreement, and the terms were fair and reasonable. The Commission noted that the agreement provided for a 10% increase in wages over the term of the agreement, which was in line with inflation and industry standards. The Commission also found that the agreement included provisions for dispute resolution and protection of employees' rights, which were in line with the principles of the Fair Work Act.

Following the decision, the Fair Work Commission approved the Lenovo Management Pty Limited / CFMEU Collective Agreement 2019-2023. The approval ensures that the agreement is legally binding and enforceable, providing certainty for both the employer and employees. The agreement provides for a fair and reasonable set of terms and conditions of employment, which will govern the relationship between the parties for the duration of the 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