DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5357)

LINDORES PERSONNEL NO.1 PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JUNE 2021

Application for approval of the Lindores Personnel No.1 Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Personnel No.1 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 16 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Lindores Personnel No.1 Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the proposed collective agreement, which was set to cover the period from 2020 to 2022. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval, particularly in terms of its compliance with the provisions that govern the certification and content of such agreements. The Commission needed to examine whether the agreement provided for the protection of employees' rights and interests and whether it adhered to the procedural requirements outlined in the Act. Additionally, the Commission had to ensure that the agreement did not include terms that were inconsistent with the overarching principles of the Fair Work Act, such as those relating to enterprise flexibility.

In reaching its decision, the Commission considered the submissions from both parties and assessed the proposed terms of the agreement against the statutory criteria. The Commission found that the agreement was in substantial compliance with the relevant legislative requirements. It noted that the agreement provided for the protection of employees' rights and interests and was procedurally sound. The Commission also concluded that the terms of the agreement were consistent with the principles of the Fair Work Act, including the provisions related to enterprise flexibility. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Lindores Personnel No.1 Pty Ltd and CFMEU Union Collective Agreement 2020‒2022, confirming its compliance with the statutory requirements under the Fair Work Act 2009. The agreement was deemed to protect employees' rights and interests and adhered to the procedural and substantive requirements of the Act.

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