DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4205)

LACK GROUP CONSTRUCTIONS TRAFFIC PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Lack Group Constructions Traffic Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Lack Group Constructions Traffic Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve a collective agreement between the union and Lack Group Constructions Traffic Pty Ltd for the period 2018-2019. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would provide it with a degree of legal enforceability and protection against certain types of action by the employer.

The primary legal issue the Commission needed to address was whether the collective agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations, particularly in relation to the provisions governing the registration of enterprise agreements. The Commission had to consider whether the agreement met the criteria for registration, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions as prescribed by the Act.

In determining the application, the Fair Work Commission carefully examined the content of the collective agreement to ensure it adhered to the statutory requirements. The Commission considered the process by which the agreement was negotiated and whether it was made in good faith, as well as whether it contained all the mandated minimum terms and conditions. After its review, the Commission found that the agreement was appropriately negotiated, contained all the necessary terms, and was in compliance with the legislative requirements. Consequently, the Commission approved the collective agreement, recognising it as a registered agreement under the Fair Work Act.

The final orders of the Commission included the registration of the Lack Group Constructions Traffic Pty Ltd and CFMEU Union Collective Agreement 2018-2019, providing it with legal enforceability and protection against certain employer actions for the specified period. This decision allowed the parties to proceed with the terms of the agreement, which was a significant outcome for both the union and the employer in their ongoing relationship.

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