DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4651)

LEEDA DEVELOPMENTS UNIT TRUST (THE TRUSTEE FOR) T/AS LEEDA PROJECTS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2015

Application for approval of the LEEDA DEVELOPMENTS UNIT TRUST (THE TRUSTEE FOR) T/As LEEDA PROJECTS PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the LEEDA DEVELOPMENTS UNIT TRUST (THE TRUSTEE FOR) T/As LEEDA PROJECTS PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (CFMEU) and LEEDA Developments Unit Trust t/as LEEDA Projects Pty Ltd, the dispute centred on the CFMEU's application for the approval of a specific enterprise agreement. The case was heard and determined in the Fair Work Commission. The primary issue before the Commission was whether the application complied with the requirements of the Fair Work Act 2009 and whether the agreement itself was in the best interests of the employees covered by it. Additionally, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions for the employees.

The Commission examined the application process and the terms of the proposed agreement. It found that the application was properly made and that the agreement had been developed through a genuine process of bargaining. The Commission considered the nature of the industry, the specific terms of the agreement, and the interests of both the employees and the employer. The CFMEU argued that the agreement was necessary to ensure fair and reasonable terms for the employees, while LEEDA Projects Pty Ltd contended that certain provisions were overly restrictive and would impose undue burdens on the business. After weighing these arguments, the Commission concluded that the agreement was fair and reasonable and in the best interests of the employees.

The Commission approved the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018, finding that it met the legal requirements and provided fair and reasonable terms for the employees. The Commission determined that the process of bargaining had been genuine and that the agreement was not prejudicial to the employees. The decision was based on the detailed examination of the agreement's provisions, the evidence presented by both parties, and the overall balance of interests. The final orders included the approval of the agreement, which would now govern the employment terms and conditions for the employees covered by it for the specified period.

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