DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2082)

LIDCOMBE RENDERING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 JULY 2020

Application for approval of the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Lidcombe Rendering Services Pty Ltd / 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 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 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Lidcombe Rendering Services Pty Ltd. The dispute centred on the terms and conditions of employment outlined in the proposed collective agreement for the period 2019 to 2022. The Commission was tasked with assessing whether the agreement was fair and equitable, in line with the statutory requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the terms of the agreement complied with the relevant sections of the Fair Work Act, such as ensuring the agreement did not adversely affect employees' existing terms and conditions without their consent, and whether the agreement met the standards of procedural fairness and good faith bargaining. Additionally, the Commission had to consider whether the agreement provided for adequate mechanisms for dispute resolution and whether it balanced the interests of both the employer and employees.

The Commission found that the agreement generally met the statutory requirements for approval, but highlighted certain areas that required modification to ensure full compliance. The Commission noted that while the agreement provided for fair terms and conditions, some provisions needed to be adjusted to better protect the rights of employees and to ensure that the agreement did not disadvantage any party. The Commission required amendments to specific clauses relating to working hours, overtime, and dispute resolution mechanisms to achieve a more balanced agreement. After the necessary amendments were made, the Commission approved the collective agreement.

The final orders of the Commission included the approval of the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the modifications outlined by the Commission. The parties were directed to implement the revised agreement within a specified timeframe, ensuring that all employees were informed of the changes and had the opportunity to provide feedback. The Commission's decision underscores the importance of adhering to the principles of fairness and good faith in collective bargaining processes.

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