DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/767)

LACK GROUP AND CFMEU (WA) TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 MAY 2019

Application for approval of the Lack Group and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Lack Group and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020 (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 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

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

[5] The Agreement lodged contained an error at clause 4.2. On 7 May 2019, the Applicant filed a request to have the Agreement corrected to replace the nominal expiry date at clause 4.2 to 31 December 2019 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Federal Court was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the approval of the Lack Group and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020. The dispute arose from the application to Fair Work Australia for the agreement's approval under the Fair Work Act 2009. The Lack Group, an employer, and the CFMEU, a trade union, were the primary parties involved. The crux of the matter was whether the enterprise agreement met the criteria for approval as stipulated by the Act.

The central legal issues revolved around whether the enterprise agreement adhered to the procedural and substantive requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the court had to assess if the union's representation of its members was valid and if the agreement had been properly negotiated.

The court examined the procedural fairness of the agreement's negotiation and concluded that the union had genuinely represented its members. It found that the agreement contained all the minimum terms and conditions required by the Act, and that the process was conducted in good faith. The court determined that the enterprise agreement complied with the statutory provisions and thus approved its implementation. The decision was made without any reservations regarding the substantive content 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