Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/957)

LACK GROUP CONSTRUCTION PTY LTD AND CFMEU ACT LABOUR HIRE, TRAFFIC CONTROL AND SITE CLEANING SECTOR AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 APRIL 2023

Application for approval of the Lack Group Construction Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2023

An application has been made for approval of an enterprise agreement known as the Lack Group Construction Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2023 (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.

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 13 April 2023. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Lack Group Construction Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2023. The dispute centred around the terms of the agreement, which sought to regulate the employment conditions of workers in the labour hire, traffic control, and site cleaning sectors for the Lack Group Construction Pty Ltd. The Commission was tasked with ensuring the agreement met the necessary legal standards under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided fair and reasonable terms for the workers and if it adhered to the statutory requirements under the Fair Work Act. The Commission needed to assess the agreement's compliance with provisions regarding employee protections, minimum wages, leave entitlements, and other industrial matters. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement met the necessary legal standards. The Commission noted that the agreement provided for fair and reasonable terms, including adequate wage rates, leave entitlements, and other employment conditions. The Commission was satisfied that the agreement complied with the Fair Work Act, ensuring that the interests of both the employer and the employees were appropriately balanced. As a result, the Commission approved the agreement, confirming that it was fit for purpose and met the requirements of the Act.

The Commission's final orders were to approve the Lack Group Construction Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2023. The agreement was to be registered under the Fair Work Act, and it would apply to the relevant employees and employers. This decision provided clarity and certainty for the parties involved, ensuring that the employment conditions were governed by an approved agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established