DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1387)

LUCACON PLACEMENT PTY LTD AND CFMEU (VICTORIA) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2020

Application for approval of the Lucacon Placement Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of a greenfields agreement known as the Lucacon Placement Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2019-2020 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Lucacon Placement Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union (Victoria) Enterprise Agreement 2019-2020, the Fair Work Commission was tasked with reviewing the agreement to determine whether it should be certified as a registered agreement under the Fair Work Act 2009. The union and the employer submitted the agreement for approval, and the Commission was required to consider various legal and procedural aspects to reach its decision.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement was made in accordance with the procedures prescribed by the Act, whether it contained the minimum terms and conditions as required by law, and whether it was in the best interests of the employees. Additionally, the Commission had to ensure that the agreement did not discriminate against employees on prohibited grounds and that it complied with any relevant national employment standards.

In delivering its decision, the Fair Work Commission carefully examined the procedures followed in the negotiation and drafting of the agreement. The Commission found that the agreement was negotiated in good faith and that the prescribed procedures were followed. It also determined that the agreement contained all the necessary minimum terms and conditions and did not include any discriminatory provisions. Importantly, the Commission concluded that the agreement was in the best interests of the employees and did not contravene any national employment standards. Based on these findings, the Commission approved the agreement and certified it as a registered enterprise agreement.

As a result of the Commission's decision, the Lucacon Placement Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2019-2020 was approved and registered, thereby providing a legally binding framework for the employment relationship between the parties. This decision ensures that the employees covered by the agreement benefit from the specific terms negotiated by their union, while also maintaining compliance with the legislative requirements set out in the Fair Work Act.

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