DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3122)

LACK GROUP CONSTRUCTION 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 Construction 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 Construction 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 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 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

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the court was presented with an application for the approval of the Lack Group Construction Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020. The application was brought before the Fair Work Commission, which holds jurisdiction over matters concerning workplace relations and agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval under the Act, particularly whether it provided for a fair and efficient workplace and maintained appropriate dispute resolution processes.

The central legal issues the Commission had to address were whether the agreement adequately protected the interests of employees, particularly in terms of working conditions and remuneration, and if it included appropriate mechanisms for resolving workplace disputes. The Commission also needed to determine whether the agreement was made in good faith and if it complied with the procedural requirements outlined in the Act. Furthermore, the Commission examined whether the agreement's provisions were consistent with the principles of the National Workplace Relations System.

The Fair Work Commission carefully examined the provisions of the proposed agreement, considering submissions from both the applicant employer and the union. The Commission found that the agreement provided for a fair and efficient workplace, ensuring employees were adequately compensated and protected. The dispute resolution mechanisms were deemed appropriate and consistent with the principles of the National Workplace Relations System. The Commission also concluded that the agreement was made in good faith and met the procedural requirements set out in the Act. As a result, the Commission approved the agreement.

The Commission's final order was to approve the Lack Group Construction Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020, effective from the date of the decision. This decision underscores the importance of ensuring that workplace agreements are fair, efficient, and consistent with the principles of the National Workplace Relations System.

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