DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5885)

LSC AUSTRALIA SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2018

Application for approval of the LSC Australia Services Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the LSC Australia Services Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022 (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 27 December 2018. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the LSC Australia Services Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022. LSC Australia Services Pty Ltd contested the approval of the agreement, arguing it contained provisions that were not in the best interests of employees. The dispute centred around several provisions of the agreement, including those concerning casual loadings, shift differentials, and the implementation of a new rostering system. The Commission had to determine whether the agreement was appropriate for the workforce and aligned with the Fair Work Act's objectives.

The central legal issue was whether the provisions in the collective agreement were consistent with the overarching goals of the Fair Work Act, which include facilitating high levels of employee participation in workplace decision-making and ensuring that agreements are in the best interests of the employees. The Commission examined the arguments presented by both parties, focusing on the provisions in question and their implications for the workforce. It considered the evidence and submissions regarding the impact of these provisions on employees, particularly in terms of fairness and practicality.

The Commission found that the agreement, while containing some provisions that could be improved, was overall in the best interests of the employees. The Commission noted the parties' efforts to reach a consensus and the potential benefits of the agreement for the workforce. It concluded that while some provisions could be refined, the overall agreement was fair and met the requirements of the Fair Work Act. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The final orders included the approval of the LSC Australia Services Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022, with specific amendments to address issues related to casual loadings, shift differentials, and the implementation of the new rostering system. The modifications were aimed at ensuring the agreement better reflected the needs and interests of the employees while remaining compliant with the Fair Work Act.

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