DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1946)

LIEBHERR - AUSTRALIA PTY. LTD / CFMEU COLLECTIVE AGREEMENT 2019 -2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JULY 2020

Application for approval of the Liebherr - Australia Pty. Ltd / CFMEU Collective Agreement 2019 -2022.

[1] An application has been made for approval of an enterprise agreement known as the Liebherr - Australia 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 31 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Liebherr-Australia Pty Ltd/CFMEU Collective Agreement 2019-2022. The case was heard in the Fair Work Commission (FWC). The CFMEU sought to have the collective agreement approved under section 234 of the Fair Work Act 2009 (Cth). The dispute centred on the interpretation and application of the provisions of the Fair Work Act and the relevant case law concerning the approval of enterprise agreements.

The primary legal issues before the FWC were whether the collective agreement met the requirements of the Fair Work Act, particularly the provisions concerning the good faith bargaining and the protection of employees' rights. The FWC needed to determine if the agreement had been made in good faith, whether it complied with the procedural fairness requirements, and if it provided adequate protections for the employees. The CFMEU argued that the agreement was a genuine outcome of good faith bargaining, while Liebherr-Australia contended that certain provisions of the agreement were unfair and did not meet the statutory requirements.

The FWC found that the collective agreement had been made in good faith and that it complied with the procedural fairness requirements. The FWC held that the agreement provided adequate protections for the employees and met the requirements of the Fair Work Act. The FWC took into consideration the parties' bargaining history, the complexity of the agreement, and the protections afforded to the employees. The FWC concluded that the agreement was a genuine outcome of good faith bargaining and approved the collective agreement.

The FWC approved the Liebherr-Australia Pty Ltd/CFMEU Collective Agreement 2019-2022, finding that it met the requirements of the Fair Work Act. The agreement was approved on the basis that it was a genuine outcome of good faith bargaining, complied with the procedural fairness requirements, and provided adequate protections for the employees.

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