| [2023] FWCA 932 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/668)
LACK GROUP CONSTRUCTIONS TRAFFIC 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, 29 MARCH 2023 |
Application for approval of the Lack Group Constructions Traffic 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 Constructions Traffic 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 5 April 2023. The nominal expiry date of the Agreement is 1 November 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519602 PR760685>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 932
- Case
- [2023] FWCA 932
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement contained appropriate dispute resolution mechanisms, whether it was consistent with the principles of the Fair Work Act, and whether it provided fair and reasonable terms for employees. Additionally, the Commission needed to determine whether the agreement appropriately covered the intended scope of the sectors and if the parties had genuinely bargained for the terms of the agreement.
The Commission found that the agreement met the necessary criteria for approval. The dispute resolution mechanisms were deemed appropriate and effective, ensuring that any disputes could be resolved efficiently and fairly. The Commission also concluded that the agreement was consistent with the principles of the Fair Work Act and provided fair and reasonable terms for employees. Furthermore, the agreement was found to cover the intended scope of the sectors and demonstrated that the parties had genuinely bargained for the terms included. Therefore, the Commission approved the agreement, finding it to be in the best interests of the employees and employers involved.
The final orders of the Commission were that the Lack Group Constructions Traffic Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2023 be approved and registered under the Fair Work Act. The agreement was to be effective from the date of the Commission's decision and would apply to the relevant employees and employers within the specified sectors. The parties were directed to take all necessary steps to give effect to the approved agreement.
Orders
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Background
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