DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5341)

LANE ACCESS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Lane Access Group Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Lane Access Group Pty Ltd / CFMEU Collective Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union 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 was approved on 24 November 2017 and, in accordance with s.54, will operate from 1 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval for the Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017. The dispute involved the terms and conditions of employment for workers under the proposed agreement. The Fair Work Commission was the court responsible for deciding the matter.

The central legal issue before the Commission was whether the proposed collective agreement complied with the provisions of the Fair Work Act 2009, specifically whether it met the "better off overall test" (BOOT) which requires that employees are no worse off financially and have some additional benefits compared to their previous conditions. The Commission also had to consider whether the agreement complied with other relevant provisions of the Act, including those concerning procedural fairness and good faith bargaining.

The Fair Work Commission examined the proposed agreement in detail, assessing the financial implications for employees and ensuring that the agreement met the BOOT. The Commission found that the agreement did meet the BOOT, as employees would not be worse off financially and would gain additional benefits. The Commission also confirmed that the agreement adhered to other relevant provisions of the Fair Work Act, including those related to procedural fairness and good faith bargaining. Consequently, the Commission approved the Lane Access Group Pty Ltd/CFMEU Collective Agreement 2016-2017.

The Fair Work Commission's final orders included the approval of the proposed collective agreement, which would now apply to the employees of Lane Access Group Pty Ltd as per the terms and conditions outlined in the agreement. The decision was binding on both the employer and the employees covered by the agreement.

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