DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/448)

LACK GROUP CONSTRUCTIONS PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MARCH 2019

Application for approval of the Lack Group Constructions Pty Ltd / CFMEU South Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lack Group Construction Pty Ltd / CFMEU South Australia Enterprise Agreement 2018 (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 14 March 2019. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Lack Group Constructions Pty Ltd / CFMEU South Australia Enterprise Agreement 2018. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The primary legal issues the Commission had to decide were whether the agreement was a bona fide enterprise agreement, if it contained the mandatory terms and conditions as required by the legislation, and whether it had been fairly and properly made.

The Commission examined the procedural aspects of the agreement’s formation and the substantive content to ensure compliance with legislative requirements. It considered the extent to which the agreement addressed the bargaining needs of the parties and whether it provided for the lawful terms and conditions of employment. The Commission also assessed the fairness of the agreement in terms of its impact on employees and the broader implications for industrial relations. After thorough deliberation, the Commission found that the agreement was a bona fide enterprise agreement and was fairly and properly made. It satisfied all the statutory requirements and provided for the lawful terms and conditions of employment.

The Commission approved the Lack Group Constructions Pty Ltd / CFMEU South Australia Enterprise Agreement 2018, confirming its compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act. The decision underscored the importance of procedural fairness in the formation of enterprise agreements and highlighted the need for the agreement to meet all statutory requirements. This decision is a significant reference for future enterprise agreements in similar contexts, providing clarity on the expectations and standards to be met under the legislation.

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