DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/267)

THE LACK GROUP / CFMEU COLLECTIVE (LABOUR HIRE) ACT AGREEMENT 2016

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2016

Application for approval of The Lack Group/CFMEU Collective (Labour Hire) ACT Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as The Lack Group/CFMEU Collective (Labour Hire) ACT Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Mining and Energy Union is 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 March 2016. The nominal expiry date of the Agreement is 30 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between The Lack Group and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The crux of the dispute was whether the agreement contained provisions that were inconsistent with the Fair Work Act 2009, specifically regarding the rights and obligations of employers and employees under the Act. The Commission's role was to ensure that the agreement did not undermine any entitlements or protections provided by the Act and that it adhered to the principles of good faith bargaining and fair work.

The primary legal issues that the Commission had to address were whether the agreement contained any provisions that were contrary to the provisions of the Fair Work Act, and if so, whether those provisions could be severed from the agreement. The Commission also needed to determine whether the agreement met the requirements for good faith bargaining and whether it was in the best interests of the employees covered by the agreement. The decision required a careful analysis of the terms of the agreement, including any potential impacts on the employees' rights and protections under the Act.

In delivering its decision, the Commission found that while the agreement contained some provisions that were inconsistent with the Fair Work Act, these could be severed without affecting the overall purpose and intent of the agreement. The Commission held that the remaining provisions of the agreement were consistent with the Act and met the requirements for good faith bargaining. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the agreement's registration. The decision underscored the importance of ensuring that collective agreements comply with the Fair Work Act while also recognising the need for flexibility in bargaining to achieve fair outcomes for both employers and employees.

The final orders of the Commission were to approve the application for registration of the agreement, subject to the severance of certain provisions that were inconsistent with the Fair Work Act. The Commission directed that the agreement be registered and that the parties take all necessary steps to give effect to the approved agreement. The decision provided clarity on the standards for approving collective agreements and reinforced the role of the Commission in ensuring that agreements are consistent with the Fair Work Act.

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