Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7504)

LINDORES PERSONNEL NO.4 PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the Lindores Personnel No.4 Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the Lindores Personnel No.4 Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2021. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Lindores Personnel No.4 Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. Lindores Personnel No.4 Pty Ltd, an employer, and the CFMEU Minor Civil Construction Union, a trade union, sought to have their collective agreement approved under the Fair Work Act 2009. The nature of the dispute was centered on the terms and conditions of employment as stipulated in the proposed agreement, which both parties aimed to have recognised and enforced as a lawful agreement.

The legal issues before the Commission included whether the collective agreement met the statutory requirements for approval, including whether it contained the minimum terms and conditions as outlined in the Fair Work Act and the Fair Work Regulations. Additionally, the Commission needed to determine whether the agreement was made in good faith and whether it was appropriately negotiated and registered. The Commission also had to consider if the agreement aligned with the objectives of the Fair Work Act, such as promoting high levels of employment and workplace participation and ensuring fair and sustainable terms and conditions of employment.

In its decision, the Commission examined the proposed collective agreement in detail, assessing whether it provided for minimum terms and conditions, was negotiated in good faith, and was appropriately registered. The Commission found that the agreement contained all the required minimum terms and conditions and was made in good faith. It was also determined that the agreement was appropriately negotiated and registered. The Commission concluded that the proposed agreement was consistent with the objectives of the Fair Work Act and approved the collective agreement. The approval ensures that the terms and conditions set out in the agreement are legally enforceable, providing a framework for the employment relationship between Lindores Personnel No.4 Pty Ltd and the CFMEU Minor Civil Construction Union.

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