DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4466)

LAWRY GROUP PTY LTD T/AS LL INSTALLATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the Lawry Group Pty Ltd T/As LL Installations 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 Lawry Group Pty Ltd T/As LL Installations 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 20 July 2016 and, in accordance with s.54, will operate from 27 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case before the Court involved an application for the approval of an enterprise agreement between the Lawry Group Pty Ltd, trading as LL Installations, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The crux of the matter was the procedural fairness and the potential impact of the proposed agreement on the employees of Lawry Group, particularly concerning the definition of 'employee' and the scope of its application. The Court was tasked with determining whether the application met the statutory requirements for approval and if it was procedurally fair to the employees who would be subject to the agreement.

The primary legal issues revolved around the interpretation of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The Court had to consider whether the application process adhered to the requirements of procedural fairness and whether the agreement's terms were consistent with the statutory provisions. Additionally, the Court examined the implications of the definition of 'employee' in the proposed agreement and whether it correctly encompassed all individuals who would be affected by the agreement.

The Court found that the application for approval was procedurally fair, as the union had provided adequate information and opportunity for employees to be heard. The Court also determined that the proposed agreement's terms aligned with the requirements of the Fair Work Act, including the correct definition of 'employee' and the proper scope of the agreement's application. The Court concluded that the agreement was consistent with the principles of procedural fairness and statutory requirements, leading to the approval of the enterprise agreement.

The final orders of the Court were to approve the Lawry Group Pty Ltd T/As LL Installations and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to the conditions and provisions set out in the agreement. The Court's decision was based on the findings that the application process was procedurally fair and that the agreement met the necessary statutory requirements for approval.

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