DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3908)

LOTOS CONCRETORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2020

Application for approval of the Lotos Concretors Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Lotos Concretors Pty Limited / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 6 January 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by the Lotos Concretors Pty Limited for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The court was required to determine whether the agreement met the criteria for approval under the relevant industrial legislation. The key issues included whether the agreement contained provisions that were contrary to public policy, whether it provided for the fair and equitable treatment of employees, and whether it complied with the requirements of the Fair Work Act 2009.

The court considered the provisions of the agreement and the submissions from both parties. It found that the agreement did not contain any provisions that were contrary to public policy and that it provided for the fair and equitable treatment of employees. The court also determined that the agreement complied with the requirements of the Fair Work Act 2009, including the provisions relating to the protection of employees' rights and interests. The court was satisfied that the agreement was in the best interests of the employees and approved the application for the collective agreement.

The court's decision was based on a detailed analysis of the agreement and the relevant industrial legislation. It found that the agreement met the criteria for approval and that it provided for the fair and equitable treatment of employees. The court also noted that the agreement contained provisions that were designed to promote the interests of the employees and to provide for their protection in the workplace. The court's approval of the collective agreement ensures that the employees of Lotos Concretors Pty Limited will continue to be represented by the CFMEU and that their rights and interests will be protected for the duration of the agreement.

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