DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5034)

LIN BETTY BUILDING GROUP PTY LTD/CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Lin Betty Building Group Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lin Betty Building Group Pty Ltd / CFMEU Collective Agreement 2017-2018 (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. 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 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 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a collective agreement between the Lin Betty Building Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2017-2018. The dispute centred around the terms of the agreement, particularly the union's request for specific entitlements and conditions for its members. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009, which requires that collective agreements promote productive and harmonious workplace relations.

The central legal issue the Commission had to address was whether the proposed agreement met the statutory requirements for approval. This involved examining whether the agreement's provisions were consistent with the Act and whether it appropriately balanced the interests of both the employer and the employees. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and whether it was likely to promote the objectives of the Act, including facilitating the development of cooperative workplace relations.

In deliberating on the matter, the Commission assessed the content of the agreement against the legislative criteria. It found that the agreement, while containing some provisions that could potentially disrupt workplace harmony, generally provided for reasonable terms and conditions that aligned with the Act's objectives. The Commission determined that the agreement did not unfairly disadvantage the employer and was likely to foster productive and harmonious workplace relations. Consequently, the Commission approved the agreement, noting that any disputes arising from its implementation would be subject to further adjudication as necessary.

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