DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1169)

LENSERV PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 APRIL 2018

Application for approval of the Lenserv Pty Ltd/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lenserv Pty Ltd/ CFMEU Collective Agreement 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. 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 12 April 2018 and, in accordance with s.54, will operate from 19 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 case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Lenserv Pty Ltd, with the dispute centring on the approval of the collective agreement between the two parties. The Fair Work Commission was the tribunal that heard the case, tasked with determining whether the collective agreement complied with the relevant industrial laws and regulations. The primary objective of the court was to ensure that the agreement did not unfairly disadvantage any party and that it met the necessary standards set forth by the Fair Work Act.

The legal issues the court needed to address included whether the agreement contained any terms that were contrary to public policy or that undermined the fundamental rights of employees or employers. Additionally, the court had to consider if the agreement provided adequate protections for employees, including those related to wages, working conditions, and dispute resolution mechanisms. The court was also required to ensure that the agreement did not impose unreasonable restrictions on the freedom of association or the right to bargain collectively.

The court thoroughly examined the contents of the collective agreement, evaluating each clause to ensure compliance with the Fair Work Act. It found that the agreement did not contain any terms that were contrary to public policy and that it provided sufficient protections for employees. The court also determined that the agreement did not impose any unreasonable restrictions on the parties' rights to bargain collectively or associate freely. Consequently, the court approved the collective agreement, recognising its compliance with the necessary legal standards.

The court's decision resulted in the approval of the Lenserv Pty Ltd/ CFMEU Collective Agreement 2018. The final orders mandated that the agreement be registered and that it would be binding on both parties, with the Fair Work Commission overseeing its implementation to ensure ongoing compliance with industrial laws.

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