DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7213)

LINDORES PERSONNEL NO.1 PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2019

Application for approval of the Lindores Personnel No.1 Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Personnel No.1 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.

[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 1 February 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of the Lindores Personnel No.1 Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The dispute was heard in the Fair Work Commission of Australia. The primary issue before the court was whether the agreement met the legal standards for approval under the Fair Work Act 2009. This involved assessing if the agreement adhered to the requirements of being a good faith bargaining product and whether it was fair and reasonable for the employees involved.

The court examined the bargaining process and the contents of the agreement to determine if it was genuinely negotiated between the parties and if it provided fair terms and conditions of employment. The court considered the nature of the industry, the bargaining power of the parties, and the specific provisions of the agreement. It also looked at the potential impact of the agreement on the workforce and the broader industry. The court found that the agreement was a genuine product of bargaining in good faith and that it provided fair and reasonable terms and conditions for the employees. The specific provisions, including wages, working conditions, and dispute resolution mechanisms, were deemed to be balanced and equitable.

As a result of this decision, the Fair Work Commission approved the Lindores Personnel No.1 Pty Ltd and CFMEU Union Collective Agreement 2018-2019. This approval means that the agreement is now legally binding on both parties and will govern the employment conditions for the specified period. The final orders included the formal approval of the agreement, with the specific terms and conditions as negotiated between the CFMEU and Lindores Personnel No.1 Pty Ltd.

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