DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6887)

LINDORES CONSTRUCTION LOGISTICS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2015

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 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 14 December 2015 and, in accordance with s.54, will operate from 21 December 2015. 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 (CFMEU) submitted an application for approval of the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. Lindores Construction Logistics Pty Ltd (Lindores) opposed the application on the basis that the agreement contained provisions that were contrary to the public interest. The dispute centred around specific clauses within the collective agreement that were deemed to potentially impede the efficient operation of Lindores' business, particularly in relation to work practices and scheduling.

The central legal issue before the commission was whether the provisions in the collective agreement were consistent with the requirements of the Fair Work Act 2009, and whether they were in the public interest. The commission needed to determine if the clauses in question unduly restricted the operational flexibility of Lindores, thereby impacting the broader public interest, including the efficient functioning of the construction industry.

In deliberating over the application, the commission examined the specific provisions that Lindores objected to, considering their impact on operational efficiency and workplace relations. The commission acknowledged the need to balance the interests of employees, represented by the CFMEU, with the operational needs of the employer. Ultimately, the commission found that while some of the provisions could be seen as restrictive, they did not significantly impede the efficient operation of Lindores to the extent that they were contrary to the public interest. The commission approved the collective agreement with certain modifications to address the specific concerns raised by Lindores.

The final orders of the commission included the approval of the collective agreement subject to modifications to specific clauses, ensuring that they did not unduly restrict Lindores' operational flexibility. The modifications were aimed at mitigating the potential negative impacts on the business while maintaining the integrity of the agreement for the benefit of the employees.

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