DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/321)

LAKEDGE FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Lakedge Formwork 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, 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.

[3] The Construction, Forestry, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 February 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 parties involved in this case were Lakedge Formwork Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), and the matter was heard in the Fair Work Commission. The dispute centred around the approval of a collective agreement between the two parties, specifically the Lakedge Formwork Pty Ltd / CFMEU Collective Agreement 2018. The legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees.

The court began by examining the provisions of the Fair Work Act 2009 and the process for approving a collective agreement. The court found that the agreement contained provisions that were consistent with the objectives of the Act, such as promoting high wages and conditions, and facilitating productivity and efficiency. The court also considered the impact of the agreement on the employees and found that it provided them with improved wages and conditions, as well as greater job security. The court was satisfied that the agreement was in the best interests of the employees and approved it.

In reaching its decision, the court considered the arguments presented by both parties and the evidence provided. The court found that the agreement was a genuine bargain between the parties and that it did not contain any provisions that were contrary to the public interest. The court also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The final orders of the court were that the Lakedge Formwork Pty Ltd / CFMEU Collective Agreement 2018 be approved and registered under the Fair Work Act 2009. The court also ordered that the agreement be published and made available to all employees covered by the agreement.

Construction, Forestry, 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