DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2029)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 MARCH 2015

Application for approval of the Liftmod Unit Trust (The Trustee for) T/As Liftmod 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 Liftmod Unit Trust (The Trustee for) T/As Liftmod 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 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 11 March 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR 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, the applicant sought approval of the Liftmod Unit Trust (the Trustee for) T/As Liftmod Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The Fair Work Commission (FWC) was the tribunal hearing the application. The applicant union argued that the proposed agreement was appropriate for endorsement due to the negotiation process and its alignment with the principles of enterprise bargaining. The employer, represented by Liftmod, contended that the agreement contained provisions that were not within the scope of the union's bargaining rights and did not comply with the requirements of the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement was made in good faith, whether it complied with the statutory requirements of the Fair Work Act, and whether the provisions exceeded the scope of the union's bargaining rights. The FWC examined the negotiation process and the provisions of the agreement to determine if they adhered to the legislative framework. The tribunal also considered the implications of the agreement on the employees covered by it and the broader industrial relations system.

The FWC found that the agreement was made in good faith and aligned with the principles of enterprise bargaining. The tribunal determined that while some provisions exceeded the scope of the union's bargaining rights, they did not fundamentally alter the conditions of employment to an unacceptable degree. Consequently, the FWC approved the agreement subject to specific modifications to ensure compliance with the Act. These modifications included clarifying the scope of the agreement and removing the provisions that went beyond the union's rights.

The final orders of the FWC included the approval of the agreement with the specified modifications. The tribunal mandated that the union and the employer implement the changes within a specified timeframe and submit a report on compliance. The decision underscored the importance of adhering to the legislative framework while allowing for fair and reasonable enterprise bargaining.

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