DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8217)

LACK GROUP CONSTRUCTION PTY LTD / CFMEU SECURITY COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

Application for approval of the Lack Group Construction Pty Ltd / CFMEU Security Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Lack Group Construction Pty Ltd / CFMEU Security Collective Agreement 2014-2017 (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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a Security Collective Agreement between Lack Group Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed terms of the collective agreement were fair and reasonable, taking into account the rights and obligations of both the employer and the union.

The central legal issue was whether the terms of the proposed collective agreement complied with the requirements of the Fair Work Act 2009, specifically whether the agreement was fair and reasonable in all its aspects. This involved examining whether the agreement appropriately balanced the interests of the employer and the employees, and whether it complied with the principles of good faith bargaining and procedural fairness. The court had to consider the specific terms of the agreement, the context in which they were negotiated, and the broader legal and industrial framework governing industrial relations in Australia.

The Fair Work Commission found that the proposed collective agreement met the criteria for approval. The Commission emphasised the importance of balancing the rights of employers and employees, and noted that the agreement was the result of good faith bargaining between the parties. The Commission was satisfied that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the obligations of the parties under the Fair Work Act. The Commission approved the collective agreement, thereby resolving the dispute in favour of the applicant.

No further orders were made by the Commission.

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