DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4250)

LINDORES PERSONNEL NO.1 PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 MARCH 2021

Application for approval of the Lindores Personnel NO.1 Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Lindores Personnel NO.1 Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 6 April 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration in the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Lindores Personnel NO.1 Pty Ltd. The dispute centred on the proposed Enterprise Agreement, specifically the Lindores Personnel NO.1 Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2021, and the Union's application for its approval. The Commission was tasked with determining whether the agreement met the statutory requirements and if it was appropriate for the workers involved.

The key legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it had been negotiated in good faith, and if it provided for the proper registration and protection of the agreement. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Fair Work Act 2009, including the requirement for the agreement to facilitate the improved productivity of the workplace and to ensure that employees were treated fairly.

The Commission examined the process of negotiation, the content of the agreement, and its implications for the employees and the employer. The Union provided evidence of the negotiation process, which included meetings and discussions with the employer. The Commission found that the agreement was genuinely negotiated and that it contained provisions that were fair and reasonable. The Commission also considered the impact of the agreement on the employees, finding that it provided for fair terms and conditions of employment. Based on these findings, the Commission approved the agreement, determining that it met all the statutory requirements.

The Fair Work Commission approved the Lindores Personnel NO.1 Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2021, effective from the date of the decision. This approval signifies that the agreement is legally binding and that the terms and conditions outlined within it apply to the relevant employees. The decision underscores the importance of fair and genuine negotiations in the formation of enterprise agreements and highlights the Commission's role in ensuring that such agreements comply with the legislative framework.

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