Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2185

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1166)

Lenovo Management Pty Limited / CFMEU Collective Agreement 2017 - 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 16 APRIL 2018

Application for approval of the Lenovo Management Pty Limited / CFMEU Collective Agreement 2017 - 2018.

An application has been made for approval of an enterprise agreement known as the Lenovo Management Pty Limited / 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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Lenovo Management Pty Limited / CFMEU Collective Agreement 2017 - 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement which was to apply to employees of Lenovo Management Pty Limited. The company and the union disputed certain aspects of the agreement, leading to the application for adjudication.

The primary legal issues the Commission needed to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards of procedural fairness. Specifically, the Commission had to determine if the agreement was made in good faith and whether it contained all the mandated terms and conditions. Additionally, the Commission had to consider whether the agreement was negotiated fairly and whether it provided adequate protections for the employees.

In delivering its decision, the Commission examined the negotiation process and the content of the agreement. The Commission found that the agreement was made in good faith and that the process followed was fair and transparent. The Commission also noted that the agreement contained all the required terms and conditions and did not contain any provisions that were contrary to public policy. The Commission concluded that the agreement was compliant with the statutory requirements and met the standards of procedural fairness.

As a result, the Commission approved the Lenovo Management Pty Limited / CFMEU Collective Agreement 2017 - 2018. The approval was based on the finding that the agreement was fair and reasonable and provided adequate protections for the employees. The Commission's decision was a significant outcome for both the union and the company, as it provided certainty and clarity regarding the terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established