DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1065)

LIN BETTY BUILDING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2020

Application for approval of the Lin Betty Building Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Lin Betty Building Group 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 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Lin Betty Building Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The primary dispute centred on the terms and conditions of employment, wages, and other work-related matters outlined in the proposed agreement. The Fair Work Commission, an Australian federal statutory body, was tasked with evaluating whether the agreement complied with the relevant legislation, specifically the Fair Work Act 2009, and whether it served the interests of both employees and employers fairly and equitably.

The legal issues before the Commission required careful consideration of whether the proposed agreement met the statutory requirements for approval. This included determining if the agreement was a "good faith" bargain, if it provided for the resolution of disputes in an efficient and effective manner, and if it was consistent with the broader public interest. Additionally, the Commission had to assess whether the agreement included provisions that would unduly harm the financial position of the employer or the workforce.

In reaching its decision, the Fair Work Commission examined the content of the agreement in detail, taking into account submissions from both parties and relevant industry benchmarks. The Commission found that the agreement was a product of genuine negotiations in good faith and contained provisions that balanced the interests of both the employer and employees. It concluded that the agreement provided for an effective mechanism for resolving disputes and did not unduly harm the financial position of the employer or employees. The Commission approved the agreement on the basis that it met the legislative requirements and served the broader public interest by providing fair and equitable terms for all parties involved.

As a result of the Commission's decision, the Lin Betty Building Group Pty Ltd / CFMEU Collective Agreement 2019-2022 was approved and will govern the terms and conditions of employment for the specified period. The approval ensures that both parties are bound by the terms of the agreement, which includes provisions related to wages, working conditions, dispute resolution, and other employment-related matters.

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