DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2500)

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 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.

[4] 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Lindores Construction Logistics Pty Ltd and CFMMEU Union Collective Agreement 2018-2019. Lindores Construction Logistics Pty Ltd contested the approval, arguing that the agreement contained provisions that were not in compliance with the Fair Work Act 2009. The central dispute involved whether certain clauses within the agreement, particularly those concerning employee entitlements and procedural protections, met the legal standards for approval under the Act.

The legal issues before the Commission encompassed the interpretation of the Fair Work Act's provisions regarding the approval of enterprise agreements, the compatibility of the agreement's terms with the Act, and the necessity for any modifications to ensure compliance. The Commission had to determine if the provisions of the agreement provided adequate safeguards for employees and if they aligned with the overarching principles of the Act, which includes ensuring fairness in the workplace.

The Commission concluded that while the agreement was largely compliant with the Fair Work Act, several clauses required amendment to meet legal standards. The contested provisions were deemed to contravene specific sections of the Act, primarily due to their potential to undermine employee rights. After reviewing the arguments and evidence presented by both parties, the Commission approved the agreement with certain modifications to the contested clauses. These changes were made to ensure that the agreement would fully comply with the Act and adequately protect employee rights.

The final orders included the approval of the collective agreement with specified amendments to the contentious provisions, ensuring they align with the requirements of the Fair Work Act. The Commission's decision emphasised the importance of safeguarding employee rights and maintaining fairness within the terms of the enterprise agreement.

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