DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/436)

LACK GROUP CONSTRUCTIONS TRAFFIC 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 Traffic 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 Constructions Traffic 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

The parties involved in this matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Lack Group Constructions Traffic Pty Ltd. The dispute arose from an application by the employer for approval of an enterprise agreement, specifically the Lack Group Constructions Traffic Pty Ltd / CFMEU South Australia Enterprise Agreement 2018. This case was heard in the Fair Work Commission, the body responsible for overseeing workplace relations in Australia.

The central legal issue before the court was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. In particular, the court had to assess whether the agreement was made in good faith and if it provided for minimum terms and conditions of employment as mandated by the Act. The CFMEU raised objections to certain provisions of the agreement, arguing that it did not meet the legal standards for approval.

The Fair Work Commission carefully examined the objections raised by the union and considered the provisions of the Fair Work Act. The court found that the agreement was made in good faith and that it contained all the required minimum terms and conditions. While the union had raised concerns about specific provisions, the Commission determined that these did not sufficiently undermine the overall fairness of the agreement. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission granted the application for approval of the Lack Group Constructions Traffic Pty Ltd / CFMEU South Australia Enterprise Agreement 2018. This decision allows the enterprise agreement to be registered and enforceable under the Fair Work Act, effective from the date of approval.

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