DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4783)

LYLEX CONSTRUCTIONS PTY LTD T/AS LYLEX CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 4 AUGUST 2016

Application for approval of the Lylex Constructions Pty Ltd T/As Lylex Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lylex Constructions Pty Ltd T/As Lylex Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Lylex Constructions Pty Ltd T/As Lylex Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute was the application of the enterprise agreement, particularly regarding its terms and whether it met the legal requirements for approval. The case was heard by the Fair Work Commission, which has jurisdiction over such matters.

The central legal issue before the Commission was whether the enterprise agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions, and if it was free from any undue influence or coercion. The Commission needed to ensure that the agreement was not only procedurally correct but also substantively fair to all parties involved.

The Commission found that the enterprise agreement was fair and reasonable, and met all the statutory requirements for approval. It determined that the agreement provided for equitable terms and conditions for the employees and did not exhibit any signs of undue influence or coercion. The Commission was satisfied that the process of negotiation and the terms of the agreement were in the best interests of the employees, and therefore approved the application. The decision was based on a thorough examination of the agreement's provisions and the context in which it was negotiated.

The Fair Work Commission approved the Lylex Constructions Pty Ltd T/As Lylex Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its compliance with the Fair Work Act 2009 and its suitability for the employees involved. This decision sets a precedent for future enterprise agreements in the industry, emphasising the importance of fairness and compliance in the negotiation process.

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