Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7785)

LTE STRUCTURES QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2021

Application for approval of the LTE Structures QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of a greenfields agreement known as the LTE Structures QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 28 October 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between the LTE Structures QLD Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the application.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement contained the necessary information, including details about wages, conditions of employment, and dispute resolution processes. The court also had to assess whether the agreement was consistent with the relevant award or enterprise agreement.

The court examined the details of the agreement and found that it contained all the necessary information required by the Fair Work Act. The agreement specified the wages, conditions of employment, and included a dispute resolution process. The court concluded that the agreement was consistent with the relevant award and enterprise agreement. The court found no procedural irregularities and approved the agreement as compliant with the statutory requirements.

As a result of the court's decision, the collective agreement between LTE Structures QLD Pty Ltd and the CFMEU was approved. The court's approval ensures that the agreement is legally binding and enforceable under the Fair Work Act. The final orders confirmed the approval of the collective agreement, allowing the parties to implement the terms as outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established