DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1400)

CHRIS LUCAS PTY. LTD. AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

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

[1] An application has been made for approval of a greenfields agreement known as the Chris Lucas Pty. Ltd. and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of a proposed collective agreement with Chris Lucas Pty. Ltd. The dispute centred on the terms and conditions of employment for workers under the agreement, and the fairness of the process through which the agreement was reached. The Commission, as the court in this matter, was tasked with assessing whether the agreement met the statutory requirements for approval.

The primary legal issues that the Commission considered were whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act 2009. The Commission examined the bargaining process and whether the union and the employer had genuinely attempted to negotiate in good faith. Furthermore, the Commission assessed whether the agreement contained provisions that were fair and reasonable, taking into account the interests of employees, employers, and the community.

The Commission found that the agreement had been genuinely negotiated between the union and the employer. It held that the union had provided sufficient evidence to demonstrate the process of negotiation, including the exchange of proposals and counter-proposals. The Commission also determined that the agreement contained provisions that were fair and reasonable, taking into account the interests of all parties involved. The Commission approved the application for the collective agreement, noting that it met the statutory requirements and was in the best interests of the workers.

The Fair Work Commission approved the Chris Lucas Pty. Ltd. and CFMEU Union Collective Agreement 2015 - 2019. This decision confirms the validity of the agreement and its provisions, which will now govern the employment terms and conditions for workers in the relevant industries for the specified period.

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