DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/537)

LACK GROUP CONSTRUCTIONS TRAFFIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2020

Application for approval of the Lack Group Constructions Traffic Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Lack Group Constructions Traffic 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 20 March 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Lack Group Constructions Traffic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The dispute arose from the employer's application to the Commission seeking approval of the collective agreement, which had been negotiated between the parties. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the appropriate balance between the parties' interests, complied with the good faith bargaining provisions, and did not include any terms that were contrary to public policy or otherwise unenforceable. Additionally, the Commission needed to ensure that the agreement contained the necessary minimum terms and conditions as stipulated by the Act.

The Commission found that the collective agreement did not adequately address several critical issues that should have been included in the agreement. These issues encompassed the employer's obligations to provide appropriate work arrangements, including shift patterns, overtime, and leave entitlements, as well as the employees' rights to be consulted on certain matters. The Commission was of the view that these omissions were significant, as they failed to provide a comprehensive framework for the employment relationship between the parties. Consequently, the Commission determined that the agreement did not meet the statutory requirements for approval and dismissed the application for approval.

As a result of the Commission's determination, the collective agreement was not approved. The Commission's decision emphasised the importance of including all necessary terms and conditions in a collective agreement to ensure that it adequately addresses the interests of both parties and complies with the statutory requirements under 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