DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2559)

LF LABOUR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2019

Application for approval of the LF Labour Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the LF Labour Pty Ltd / CFMEU Collective Agreement 2019 (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 the 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] The Agreement lodged contained an error at clause 5. On 5 August 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant, and LF Labour Pty Ltd, the respondent, the Fair Work Commission was tasked with approving a collective agreement between the parties. The dispute centred on whether the proposed terms of the agreement complied with relevant labour laws and industrial standards. The application for approval was brought before the Fair Work Commission, which has the authority to assess and endorse collective agreements that meet the legal requirements.

The legal issues before the Commission involved scrutinising the specific provisions of the proposed agreement to determine if they adhered to the provisions of the Fair Work Act 2009. Key concerns included whether the agreement provided for minimum terms and conditions, if it included provisions for dispute resolution, and whether it complied with the principles of good faith bargaining. The Commission also needed to consider the balance between the rights of the employer and the employees as set out in the legislation.

The Fair Work Commission evaluated the collective agreement clause by clause, ensuring that it met the necessary criteria for approval. The Commission found that the agreement provided for the minimum terms and conditions required by law and included appropriate dispute resolution mechanisms. Additionally, the Commission was satisfied that the agreement was the product of good faith bargaining and did not contravene any provisions of the Fair Work Act. Given these findings, the Commission approved the agreement, confirming its compliance with all relevant labour laws and industrial standards.

In light of the Commission's approval, the LF Labour Pty Ltd / CFMEU Collective Agreement 2019 was formally endorsed, effective from the date of the decision. This outcome ensures that the terms of the agreement will govern the relationship between the parties in accordance with the legal framework established by the Fair Work Act 2009.

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