DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6146)

LIEBHERR - AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JULY 2021

Application for approval of the Liebherr - Australia Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Liebherr - Australia Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 Construction, Forestry, Maritime, Mining and Energy Union 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement between itself and Liebherr-Australia Pty Ltd. The application was brought under section 234 of the Fair Work Act 2009, which requires the Commission to approve a registered agreement if it is satisfied that it provides for fair and equitable terms and conditions. The dispute centred on whether the proposed agreement met the statutory requirements for approval, particularly in terms of its fairness and equity provisions.

The central legal issue before the Commission was whether the collective agreement adequately provided for fair and equitable terms and conditions of employment. This required a detailed analysis of the agreement's provisions, including wages, hours of work, leave entitlements, and other employment conditions. The Commission needed to determine if the agreement complied with the statutory criteria for approval and whether it was sufficiently fair and equitable to warrant endorsement.

The Commission found that the collective agreement did provide for fair and equitable terms and conditions. It considered the agreement's provisions, the bargaining positions of the parties, and the overall fairness of the terms. The Commission was satisfied that the agreement met the statutory requirements for approval and endorsed it accordingly. The decision highlighted the importance of ensuring that collective agreements are both fair to the employees and reasonable for the employer.

No further orders were made by the Commission beyond the approval of the collective agreement. The endorsement of the agreement by the Commission is a significant outcome, as it provides legal certainty for both the union and the employer regarding the terms and conditions of employment for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established