DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5056)

LINDORES PERSONNEL NO.1 PTY LTD (TRAFFIC CONTROL) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the Lindores Personnel No.1 Pty Ltd (Traffic Control) and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Personnel No.1 Pty Ltd (Traffic Control) 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.

[4] The Agreement was approved on 1 October and, in accordance with s.54, will operate from 8 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Lindores Personnel No.1 Pty Ltd (Traffic Control) and CFMEU Union Collective Agreement 2015-2019. Lindores contested the application, asserting that the agreement did not meet the statutory requirements for approval. The dispute centred on several provisions of the proposed agreement, including those relating to employee classification, wages, and conditions of employment.

The legal issues before the Commission included whether the agreement complied with the statutory provisions under the Fair Work Act 2009, specifically sections 227 and 230. The Commission had to determine if the agreement contained proper provisions for the protection of employee rights, if it was consistent with the national system of industrial relations, and if it was made in good faith and without the coercion of any party. Additionally, the Commission had to assess whether the agreement provided a fair and reasonable outcome for both the employer and the employees.

The Commission found that the agreement, while largely in compliance with the Fair Work Act, contained several provisions that did not meet the statutory requirements. The Commission identified that certain clauses regarding employee classification and wages did not sufficiently protect employee rights and were inconsistent with the national system of industrial relations. Despite these issues, the Commission also found that the agreement was made in good faith and without coercion, and that it provided a fair and reasonable outcome for both parties. The Commission approved the agreement with modifications to the contested provisions, ensuring they complied with the statutory requirements and protected employee rights.

The final orders of the Commission included the approval of the Lindores Personnel No.1 Pty Ltd (Traffic Control) and CFMEU Union Collective Agreement 2015-2019, subject to modifications to the employee classification and wage provisions. These modifications were designed to ensure the agreement met all statutory requirements and adequately protected the rights 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