DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2248)

LITHIUM BRICKLAYING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT	MELBOURNE, 25 JUNE 2018

Application for approval of the Lithium Bricklaying Pty. Ltd. / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lithium Bricklaying Pty. Ltd. / CFMEU Collective Agreement 2017-2018 (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 2 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Lithium Bricklaying Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2017-2018. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement provided for a fair and reasonable industrial relationship and whether it complied with the procedural requirements of the Act.

The legal issues the court needed to address included whether the agreement was negotiated in good faith, whether it met the procedural requirements for approval, and whether it contained terms that were fair and reasonable. The Commission examined the negotiation process, the terms of the agreement, and whether the agreement met the statutory requirements for a fair and reasonable industrial relationship. The Commission also considered whether the agreement provided for a fair and reasonable industrial relationship, including whether the terms were consistent with the principles of good faith bargaining and whether they provided for a fair outcome for both parties.

In its decision, the Commission found that the agreement was negotiated in good faith and met the procedural requirements for approval. The Commission also found that the agreement provided for a fair and reasonable industrial relationship and that the terms were consistent with the principles of good faith bargaining. The Commission approved the agreement, noting that it provided for a fair outcome for both parties and that the terms were reasonable and consistent with the principles of a fair and reasonable industrial relationship. The Commission found that the agreement provided for a fair and reasonable industrial relationship and that it met the statutory requirements for approval.

The Fair Work Commission approved the collective agreement between Lithium Bricklaying Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2017-2018. The Commission found that the agreement was negotiated in good faith, met the procedural requirements for approval, and provided for a fair and reasonable industrial relationship. The Commission noted that the agreement provided for a fair outcome for both parties and that the terms were reasonable and consistent with the principles of a fair and reasonable industrial relationship. The Commission approved the agreement, finding that it met the statutory requirements for approval.

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