DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3125)

LACK GROUP CONSTRUCTIONS TRAFFIC PTY LTD AND CFMEU ACT LABOUR HIRE, TRAFFIC CONTROL AND SITE CLEANING SECTOR AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 OCTOBER 2020

Application for approval of the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020 (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 4 November 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Lack Group Constructions Traffic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (ACT Branch), sought approval of an agreement that was entered into under the Fair Work Act 2009. The agreement in question was the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020. The application was made to the Fair Work Commission. The legal issues before the court revolved around whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for terms and conditions that were fair and portable, and whether it complied with the Act’s objective of facilitating a cooperative workplace culture.

The court considered the arguments made by both parties and examined the terms of the agreement. It found that the agreement provided for terms and conditions that were fair and portable, and that it complied with the Act’s objective of facilitating a cooperative workplace culture. The court was satisfied that the agreement provided for appropriate mechanisms for dispute resolution and that it did not contain any terms that would undermine the principles of the Act. The court also noted that the agreement had been entered into in good faith and that it reflected the needs of both parties.

In light of the above, the court approved the agreement. The court found that the agreement met all the necessary criteria and that it was in the best interests of the employees and employers covered by the agreement. The court noted that the agreement provided for a fair and portable set of terms and conditions, and that it facilitated a cooperative workplace culture. The court was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations.

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