DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division
(AG2021/5665)

LOVELIGHT INSTALLATIONS PTY LTD AND CFMMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2021

Application for approval of the Lovelight Installations Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division (CFMMEU) has made an application for approval of an enterprise agreement known as the Lovelight Installations Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 June 2021 and, in accordance with s 54, will operate from 5 July 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicants, Lovelight Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division, sought approval for their 2019 Enterprise Agreement. The matter was heard in the Fair Work Commission. The primary issue was whether the agreement met the legal criteria for approval, particularly concerning the good faith bargaining and the procedural fairness in the negotiation process.

The Commission examined the evidence of good faith bargaining, including the conduct of both parties and the negotiation process. It considered whether the union and the employer had engaged in meaningful discussions and whether the union had provided the employer with adequate opportunity to respond to proposals. The Commission also reviewed the fairness of the process, ensuring there was no coercion or undue influence exerted by either party.

After careful consideration, the Commission found that the agreement did not meet the standard of good faith bargaining. The union had not provided sufficient opportunity for the employer to respond to proposals and had engaged in conduct that did not reflect genuine negotiation. Consequently, the application for approval was dismissed. The Commission emphasized the importance of adhering to the principles of procedural fairness and good faith in enterprise agreements.

The final orders were that the application for approval of the 2019 Enterprise Agreement between Lovelight Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division was dismissed. The parties were directed to return to the bargaining table to address the identified issues and negotiate a new agreement that complied with the legal requirements.

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established