DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7279)

LIEBHERR-AUSTRALIA PTY. LTD. / CFMEU GREENFIELD AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2019

Application for approval of the Liebherr-Australia Pty. Ltd. / CFMEU Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Liebherr-Australia Pty. Ltd. / CFMEU Greenfield Agreement 2018 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Liebherr-Australia Pty. Ltd. / CFMEU Greenfield Agreement 2018. The dispute arose out of a bargaining process between the CFMEU and Liebherr-Australia Pty. Ltd. which resulted in an agreement that sought to regulate the terms and conditions of employment of workers employed by the company. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant statutory provisions and, if so, approving it.

The central legal issues the court had to decide were whether the agreement was a genuine enterprise agreement and whether it complied with the statutory requirements for approval. This included examining whether the agreement had been made in good faith and whether it contained only matters that were bargainable. The court also considered whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it complied with the provisions of the Fair Work Act 2009.

The court found that the agreement was a genuine enterprise agreement and was made in good faith. It also found that the agreement contained only bargainable matters and provided for appropriate mechanisms for the resolution of disputes. The court further found that the agreement complied with all the statutory requirements for approval. Consequently, the court approved the agreement.

The court approved the Liebherr-Australia Pty. Ltd. / CFMEU Greenfield Agreement 2018 and made orders accordingly. The agreement was to be registered and would have effect from the date of the decision. The court also ordered that the agreement be published on the Fair Work Commission's website.

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