DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6596)

LIDCOMBE RENDERING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 JANUARY 2018

Application for approval of the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2017-2018 (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 16 January 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 Construction, Forestry, Mining and Energy Union (CFME) applied for approval of the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2017-2018. The application was made under the Fair Work Act 2009. The agreement in question was made between the union and the employer for the purpose of regulating employment terms and conditions of employees of the employer. The Fair Work Commission is the relevant court for such applications.

The legal issues that the court had to decide involved whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was made in good faith and without coercion. The court had to consider whether the agreement contained appropriate provisions for the regulation of employment terms and conditions, and whether it was consistent with the provisions of the Act. The court also had to consider whether the agreement was made in accordance with the principles of freedom of association and the right to bargain collectively.

The court found that the agreement complied with the requirements of the Fair Work Act 2009 and was made in good faith and without coercion. The court considered that the agreement contained appropriate provisions for the regulation of employment terms and conditions and was consistent with the provisions of the Act. The court also found that the agreement was made in accordance with the principles of freedom of association and the right to bargain collectively. The court approved the agreement, and it is now a registered agreement under the Fair Work Act 2009.

The court's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The court found that the agreement was fair and reasonable, and that it provided appropriate protections for employees. The court also noted that the agreement was made in a manner that was consistent with the principles of freedom of association and the right to bargain collectively. The court approved the agreement, and it is now a registered agreement under the Fair Work Act 2009.

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