DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5545)

LACK GROUP CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 23 NOVEMBER 2018

Application for approval of the Lack Group Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Lack Group Construction 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). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Lack Group Construction Pty Ltd, with the Fair Work Commission (FWC) approving a collective agreement between the two parties. The union sought approval of the agreement, which was to cover employees of Lack Group Construction Pty Ltd for a period of 2018-2019. The dispute was resolved by the FWC, which had to decide whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the collective agreement between the union and the employer complied with the requirements of the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement met the criteria for registration under the Act, including whether it contained the minimum terms and conditions of employment and whether it was made in good faith. The FWC also had to consider whether the agreement provided for the proper management of the workplace and the resolution of disputes.

In reaching its decision, the FWC noted that the agreement contained the minimum terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The FWC also found that the agreement was made in good faith and provided for the proper management of the workplace and the resolution of disputes. The FWC concluded that the agreement met the criteria for registration under the Act and approved the agreement.

The FWC's decision was that the collective agreement between the union and the employer was approved and registered under the Fair Work Act 2009. The agreement was found to comply with the requirements of the Act, including the minimum terms and conditions of employment and good faith. The FWC's decision provides clarity for employers and unions when negotiating and entering into collective agreements, ensuring that they meet the legal requirements and promote fair and productive workplaces.

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