Construction, Forestry, Mining and Energy Union

[2014] FWCA 4370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6526)

LANKOS SERVICES PTY LTD AND THE CFMEU ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the Lankos Services Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lankos Services Pty Ltd and the CFMEU Asbestos Removal 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, 187 and 188 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 9 July 2014. 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the Lankos Services Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015. The dispute arose from the application's submission to the Fair Work Commission (FWC) for approval, which was opposed by Lankos Services Pty Ltd. The matter was heard in the Federal Court of Australia.

The central legal issue was whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and efficient bargaining and if it included a mechanism for resolving disputes. The opposition by Lankos Services Pty Ltd focused on the alleged failure of the agreement to ensure genuine and meaningful consultation and negotiation processes.

The court reviewed the submissions and evidence provided by both parties. It found that the agreement contained provisions for dispute resolution and that the parties had engaged in genuine and meaningful negotiations. The court was satisfied that the agreement met the requirements of section 234, emphasising the importance of efficient and fair bargaining processes in enterprise agreements. Consequently, the court approved the agreement.

The final orders of the court were that the Lankos Services Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015 be approved in accordance with section 236 of the Fair Work Act 2009. The court's decision affirmed the validity of the agreement and highlighted the need for adherence to the statutory criteria for enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established