DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6011)

A.S LAVERTY & D.J LAVERTY T/A DJ & AS LAVERTY AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the A.S Laverty & D.J Laverty T/A DJ & AS Laverty and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the A.S Laverty & D.J Laverty T/A DJ & AS Laverty and CFMEU Union Collective Agreement 2014 - 2018 (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 17 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of a collective agreement between the A.S Laverty & D.J Laverty T/A DJ & AS Laverty and the Construction, Forestry, Mining and Energy Union, the case was heard before the Fair Work Commission. The applicant, A.S Laverty & D.J Laverty, sought approval of the collective agreement that had been negotiated with the union, and the union supported the application, asserting that the agreement was in the best interests of the employees.

The primary legal issues before the court were whether the agreement complied with the relevant statutory requirements and whether it was appropriate to approve the agreement considering the interests of the employees. The court had to consider whether the agreement met the standards set out in the Fair Work Act 2009, including provisions related to the good faith bargaining process, the protection of employees' rights, and the avoidance of undue hardship on the employer.

The Fair Work Commission found that the collective agreement was in compliance with the statutory requirements and was in the best interests of the employees. The court noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement did not impose undue hardship on the employer and that it was appropriate to approve the agreement. Consequently, the application for approval of the collective agreement was granted.

The final orders of the court were that the A.S Laverty & D.J Laverty and CFMEU Union Collective Agreement 2014 - 2018 be approved and registered with the Fair Work Commission. The agreement was to be effective from the date of registration and would remain in force until such time as it was terminated, varied, or replaced by a new agreement.

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