DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2229)

LOLAN BUILDING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2018

Application for approval of the LOLAN BUILDING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the LOLAN BUILDING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 21 June 2018 and, in accordance with s.54, will operate from 28 June 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the LOLAN Building Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, LOLAN Building Services Pty Ltd, sought approval of the enterprise agreement from the Fair Work Commission. The respondent, the CFMEU, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which was required to determine whether the enterprise agreement was in compliance with the relevant statutory provisions.

The legal issues before the Commission included whether the enterprise agreement provided for a proper bargaining process, whether it contained the minimum terms and conditions required by the Fair Work Act, and whether it was in the best interests of the employees covered by the agreement. The Commission also considered whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2012.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the relevant statutory provisions. The Commission found that the enterprise agreement had been properly negotiated and contained the minimum terms and conditions required by the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees covered by the agreement and complied with the relevant statutory provisions. The Commission approved the enterprise agreement, subject to certain modifications to address the concerns raised by the respondent.

The Fair Work Commission approved the LOLAN Building Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to certain modifications. The modifications related to the definition of "hours of work" and the calculation of overtime, as well as the inclusion of a clause relating to the protection of employees' personal information. The Commission considered that these modifications were necessary to ensure that the agreement was fair and reasonable and complied with the relevant statutory provisions.

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