DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1756)

LYALL RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JULY 2016

Application for approval of the Lyall Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lyall Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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, 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 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Lyall Rigging Pty Ltd and CFMEU Union Collective Agreement 2015-2019. This agreement, which was made under the Fair Work Act 2009 (Cth), sought to establish terms and conditions for employees of Lyall Rigging Pty Ltd, a company engaged in the rigging and heavy lifting industry. The primary dispute centred on whether the proposed agreement complied with the statutory requirements for registration under the Fair Work Act.

The court had to determine several legal issues, including whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement was made in good faith and without coercion, and whether the process by which the agreement was made was fair and appropriate. Additionally, the court needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it complied with the principles of the Australian labour law system.

In delivering its judgment, the court meticulously reviewed the terms of the agreement and the process through which it was developed. The court found that the agreement met all the statutory requirements for registration, including the inclusion of mandatory terms such as minimum wages, penalty rates, and leave entitlements. The court also concluded that the agreement was made in good faith, without any evidence of coercion, and that the process by which it was made was fair and appropriate. The court further determined that the agreement appropriately balanced the interests of both parties and complied with the overarching principles of the Fair Work Act.

Consequently, the court approved the Lyall Rigging Pty Ltd and CFMEU Union Collective Agreement 2015-2019. This approval signified that the agreement would be registered and would have the full force of law, thereby binding both the employer and the employees to its terms.

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