DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5237)

LC PROJECT MANAGEMENT PTY. LTD. T/A 2BK COMMERCIAL INTERIORS AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 OCTOBER 2015

Application for approval of the LC Project Management Pty. Ltd. T/A 2BK Commercial Interiors and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the LC Project Management Pty. Ltd. T/A 2BK Commercial Interiors 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 15 October 2015 and, in accordance with s.54, will operate from 22 October 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

The matter before the Fair Work Commission concerned an application for the approval of the 2015-2019 Union Collective Agreement between LC Project Management Pty. Ltd., trading as 2BK Commercial Interiors, and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought forward by the CFMEU, and the dispute arose from the need to formalise the employment terms and conditions between the union and the employer for the specified period. The Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed collective agreement complied with the provisions of the Fair Work Act, particularly focusing on the terms that were not in accordance with the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement provided fair and reasonable terms for employees, as well as whether it adhered to the principles of good faith bargaining. Additionally, the Commission examined if the agreement included provisions that were necessary to protect the interests of employees and whether the agreement was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the proposed agreement met the necessary legal standards. The Commission acknowledged the CFMEU's adherence to the principles of good faith bargaining and found that the agreement contained terms that were fair and reasonable for the employees. The Commission also noted that the agreement included necessary protections for the employees, such as provisions relating to minimum rates of pay, leave entitlements, and other employment conditions. Based on these findings, the Commission approved the 2015-2019 Union Collective Agreement between LC Project Management Pty. Ltd., trading as 2BK Commercial Interiors, and the CFMEU.

The Commission's approval of the collective agreement was formalised in a decision document, which outlined the terms of the agreement and the basis for the Commission's decision. The decision was made in accordance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, ensuring that the agreement would provide a fair and reasonable framework for the employment relationship between the union and the employer. The approval of the agreement would now serve as the basis for the employment terms and conditions between LC Project Management Pty. Ltd., trading as 2BK Commercial Interiors, and the CFMEU for the period 2015-2019.

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