Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3295)

Lindores Construction Logistics Pty Ltd and CFMEUUnion Collective Agreement 2022–2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2022

Application for approval of the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2022-2023

An application has been made for approval of an enterprise agreement known as the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2022-2023 (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 24 August 2022. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Lindores Construction Logistics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement covering the period 2022-2023. The application was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal.

The central legal issue was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009, particularly regarding its adherence to the Better Off Overall Test (BOOT). This test requires that the agreement must ensure that employees are no worse off financially and, ideally, better off overall than if they were covered by the relevant award. The FWC needed to assess if the proposed terms and conditions, including wages, hours, and other employment conditions, met the BOOT.

The FWC examined the proposed agreement's provisions and considered the economic and social context. The FWC found that the agreement met the BOOT, as it provided for a series of wage increases, improved leave provisions, and other benefits that outweighed any potential disadvantages. The FWC also noted the parties' commitment to resolving disputes through negotiation and the inclusion of mechanisms for addressing workplace issues, which contributed to the overall positive assessment of the agreement.

The FWC approved the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2022-2023, deeming it to be fair and balanced in terms of the BOOT. The approval ensures that the terms and conditions outlined in the agreement are legally enforceable for the specified period.

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