DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4547)

LEWIS FABRICATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Lewis Fabrications 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 23 April 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

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of a collective agreement between the union and Lewis Fabrications Pty Ltd. The application was heard by the Fair Work Commission, which has the authority to approve collective agreements under the Fair Work Act 2009. The respondent, Lewis Fabrications Pty Ltd, did not oppose the application, but the union was concerned about the fairness of the agreement and the process by which it was reached.

The legal issues before the Commission were whether the agreement was made in accordance with the relevant provisions of the Act and whether it was fair and reasonable in all its terms. The Commission had to consider whether the agreement was genuinely negotiated between the parties, and whether it contained appropriate mechanisms for resolving disputes and ensuring compliance. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with any applicable awards or other industrial instruments.

After considering the evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, and that it complied with any applicable awards or other industrial instruments. The Commission approved the agreement, subject to certain conditions, including the establishment of a joint health and safety committee and the inclusion of certain dispute resolution procedures. The respondent did not oppose the application, and the union did not appeal the decision.

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