DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3252)

LOVELIGHT INSTALLATIONS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER JOHNS	DARWIN, 6 AUGUST 2018

Application for approval of the Lovelight Installations Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lovelight Installations Pty Ltd and CFMEU Enterprise Agreement 2016 (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 13 August 2018. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application for the approval of the Lovelight Installations Pty Ltd and CFMEU Enterprise Agreement 2016. Lovelight Installations Pty Ltd opposed the application. The dispute revolved around the validity and enforceability of the enterprise agreement, particularly in relation to its compliance with statutory requirements and fairness to all parties involved.

The primary legal issues before the court were whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included examining if the agreement was made in good faith, if it provided for proper procedures for resolving disputes, and if it adequately covered the terms and conditions of employment for the employees involved. Additionally, the court had to determine whether the agreement was fair and whether it was made without any improper conduct.

The Fair Work Commission found that the Lovelight Installations Pty Ltd and CFMEU Enterprise Agreement 2016 did not meet the necessary criteria for approval. The court determined that the agreement failed to adequately address several key provisions required under the Fair Work Act. Specifically, the agreement did not include appropriate mechanisms for resolving disputes and did not provide for the fair treatment of employees. The Commission also found that the agreement did not meet the standard of being made in good faith, as it did not adequately consider the interests of both parties. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Lovelight Installations Pty Ltd and CFMEU Enterprise Agreement 2016 be disallowed. The decision highlighted the importance of ensuring that enterprise agreements comply with statutory requirements and are fair and reasonable for all parties involved. The Commission's ruling reinforced the need for proper dispute resolution mechanisms and good faith bargaining in the creation of enterprise agreements.

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