DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10428)

LEDACON PTY LIMITED / CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2014-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Ledacon Pty Limited / CFMEU Civil Construction Collective Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ledacon Pty Limited / CFMEU Civil Construction Collective Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Ledacon Pty Limited, regarding the approval of the Ledacon Pty Limited/CFMEU Civil Construction Collective Agreement 2014-2016. The dispute arose when Ledacon sought the Fair Work Commission's (FWC) approval of the agreement, which was subsequently opposed by the CFMEU. The matter was heard in the Federal Court of Australia.

The central legal issue the court had to address was whether the collective agreement in question complied with the provisions of the Fair Work Act 2009 (Cth). Specifically, the court had to determine whether the agreement was made in the course of the union's activities, as required by the legislation, and whether it adhered to the relevant provisions concerning employee representation and the scope of its applicability.

The court examined the evidence presented by both parties and considered the relevant statutory provisions and precedents. The court found that the agreement was indeed made in the course of the union's activities and was therefore valid. Additionally, the court determined that the agreement complied with the requirements of the Fair Work Act 2009 (Cth) and was thus eligible for approval. The opposition by the CFMEU was rejected, and the court approved the collective agreement.

As a result of the court's decision, the Ledacon Pty Limited/CFMEU Civil Construction Collective Agreement 2014-2016 was approved, and the CFMEU's opposition was dismissed. The agreement now stands as a legally binding contract between Ledacon Pty Limited and the CFMEU for the specified period, governing the terms and conditions of employment for the covered 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