DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2027)

LINDORES CONSTRUCTION LOGISTICS PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JULY 2018

Application for approval of the Lindores Construction Logistics Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Construction Logistics 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] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement contained a minor error in Appendix 1 (page 45). Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

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

[5] The Agreement was approved on 9 July 2018 and, in accordance with s.54, will operate from 16 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a collective agreement between Lindores Construction Logistics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018-2019. The dispute centred around whether the terms of the proposed agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for endorsement under the relevant industrial laws.

The primary legal issues that the Commission had to address included whether the collective agreement contained terms that were inconsistent with the provisions of the Fair Work Act, whether the agreement provided for a fair and equitable resolution of any disputes that may arise during its operation, and whether the agreement was in the best interests of the employees involved. The Commission also had to consider whether the agreement provided for appropriate mechanisms to ensure compliance with the terms of the agreement and whether it provided for an adequate resolution of any issues that may arise during its operation.

In its decision, the Commission found that the proposed agreement was in compliance with the Fair Work Act and met the requirements for endorsement. The Commission noted that the agreement contained provisions for the fair and equitable resolution of any disputes that may arise during its operation and provided for appropriate mechanisms to ensure compliance with the terms of the agreement. The Commission also found that the agreement was in the best interests of the employees involved and provided for adequate protections for their rights and entitlements. Based on these findings, the Commission approved the proposed agreement, subject to certain conditions and modifications.

The Commission's decision provides important guidance for employers and unions when negotiating collective agreements and highlights the importance of ensuring that such agreements comply with the relevant industrial laws. The decision also underscores the need for collective agreements to provide for fair and equitable dispute resolution mechanisms and to protect the rights and entitlements of employees.

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