DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2101)

CORMACK CIVIL PTY LTD T/AS LPR CONCRETING AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 MARCH 2015

Application for approval of the Cormack Civil Pty Ltd T/As LPR Concreting and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cormack Civil Pty Ltd T/As LPR Concreting and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The agreement is a single-enterprise agreement.

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

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 19 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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 approval of the Cormack Civil Pty Ltd T/As LPR Concreting and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. Cormack Civil Pty Ltd is a small construction company, and the CFMEU is a trade union representing workers in the construction industry. The enterprise agreement in question covers various aspects of employment, including wages, hours of work, and other conditions of employment. The Fair Work Commission is an independent statutory body with jurisdiction to make decisions about workplace relations matters, including the approval of enterprise agreements.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it provided for a fair process for resolving disputes. The Commission also considered whether the agreement provided for a fair and reasonable process for addressing changes to the agreement in the future.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees covered by the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and provided for a fair process for resolving disputes. The Commission also found that the agreement provided for a fair and reasonable process for addressing changes to the agreement in the future. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The Fair Work Commission approved the Cormack Civil Pty Ltd T/As LPR Concreting and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, subject to certain modifications. The modifications included changes to the process for resolving disputes and the process for addressing changes to the agreement in the future. The Commission noted that the modifications were minor and did not significantly alter the overall terms and conditions of employment provided for in the agreement. The CFMEU and Cormack Civil Pty Ltd accepted the modifications and the agreement was approved as modified.

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