DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1401)

LANE ACCESS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2015

Application for approval of the Lane Access Group Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Lane Access Group Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Lane Access Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the years 2015 to 2017. The application was heard by the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia.

The primary legal issue the Commission needed to address was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a “modern award” as defined in the Act, including whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to assess if the agreement was made in good faith and whether it adhered to procedural fairness.

The Fair Work Commission found that the agreement satisfied the statutory requirements for a modern award. The Commission noted that the agreement was negotiated in good faith and included provisions for fair and reasonable terms and conditions of employment. The Commission also concluded that the process leading to the agreement's formation was procedurally fair. Consequently, the Commission approved the collective agreement.

As a result of the Commission’s decision, the Lane Access Group Pty Ltd / CFMEU Collective Agreement 2015-2017 was approved and is now legally binding between the parties. This outcome ensures that the terms and conditions set out in the agreement are enforceable under the Fair Work Act.

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