DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/875)

LANE ACCESS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 APRIL 2020

Application for approval of the Lane Access Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Lane Access 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 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 15 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between Lane Access Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its fairness and the process through which it was negotiated. The FWC had to determine if the agreement was genuinely negotiated and if it met the criteria for being considered a registered agreement, such as its terms being fair and reasonable.

The FWC considered the process of negotiation, the content of the agreement, and the nature of the bargaining relationship between the parties. It was important for the FWC to assess whether the agreement was genuinely negotiated, free from duress or coercion, and if it provided adequate protections for employees. The FWC also examined if the terms of the agreement were fair and reasonable, taking into account the economic and industrial context, the parties' bargaining power, and the protections provided for employees.

The FWC concluded that the collective agreement was genuinely negotiated and met the criteria for being considered a registered agreement. It found that the process of negotiation was free from any undue influence or coercion and that the terms of the agreement were fair and reasonable. The FWC approved the collective agreement, noting the balance achieved between the parties' interests and the protections provided for employees. The FWC's decision was based on a comprehensive analysis of the negotiation process, the content of the agreement, and the broader industrial context.

In approving the collective agreement, the FWC issued an order confirming the agreement as a registered agreement, effective from the date of the decision. This order legally binds both the employer and the employees, ensuring that the terms of the agreement are enforceable and provide a stable industrial framework for the duration of the agreement.

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