Construction, Forestry, Mining and Energy Union

[2016] FWCA 1253

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/227)

LINDORES CONSTRUCTION LOGISTICS PTY LTD AND CFMEU

UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Lindores Construction Logistics Pty Ltd and CFMEU Union

Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Lindores Construction Logistics 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 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.
[2016] FWCA 1253

[4] The Agreement was approved on and, in accordance with s.54, will operate from 4

March 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union v Lindores Construction Logistics Pty Ltd [2016] FWCA 1253, the applicant, Construction, Forestry, Mining and Energy Union (CFME), applied for the approval of the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made under section 185 of the Fair Work Act 2009 (the Act) and was heard by Commissioner Roe in Melbourne on 26 February 2016. The Agreement was a single enterprise agreement between Lindores Construction Logistics Pty Ltd and the CFMEU.

The court was required to determine whether the Agreement met the requirements of sections 186, 187, and 188 of the Act. In particular, the court needed to consider whether the Agreement covered all of the employees of the employer and, if not, whether the group of employees covered by the Agreement was fairly chosen. The court also needed to consider whether the Agreement met the requirements of section 201(2) of the Act.

The court found that the Agreement did not cover all of the employees of the employer. However, the court was satisfied that the group of employees covered by the Agreement was fairly chosen, taking into account the factors in section 186(3) and (3A) of the Act. The court was also satisfied that the Agreement met the requirements of section 201(2) of the Act, as the CFMEU had given notice under section 183 of the Act that it wanted the Agreement to cover it. The court approved the Agreement, which will operate from 4 March 2016 and will expire on 2 July 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established