DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3290)

LASPINA TRABUCCO & CO. PTY. LTD. AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 3 AUGUST 2018

Application for approval of the Laspina Trabucco & Co. Pty. Ltd. and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Laspina Trabucco & Co. Pty. Ltd. and CFMMEU 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 3 August 2018 and, in accordance with s.54, will operate from 10 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Maritime, Mining and Energy Union, which applied for approval of the Laspina Trabucco & Co. Pty. Ltd. and CFMMEU Union Collective Agreement 2018-2019. The application was made before the Fair Work Commission, which is responsible for overseeing the approval process of such agreements. The dispute revolves around the terms and conditions of the collective agreement between the union and the employer, focusing on whether the agreement meets the necessary legal standards for approval.

The primary legal issues addressed by the court were whether the agreement was genuinely a product of free collective bargaining, if it included all mandatory terms, and if it complied with the Fair Work Act 2009. The court had to determine whether the agreement was made in good faith, provided for proper dispute resolution mechanisms, and did not include provisions that were contrary to public policy or contrary to the spirit of the Act. Additionally, the court assessed whether the agreement was consistent with the modern award under which it was made.

The Fair Work Commission found that the agreement was genuinely the product of free collective bargaining between the parties. It confirmed that all mandatory terms were included and that the agreement did not contain provisions that were contrary to public policy. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and was consistent with the modern award. Based on these findings, the Commission approved the collective agreement, concluding that it met all the necessary legal standards for approval. The Commission's decision was based on a thorough examination of the agreement and the evidence provided by both parties.

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