DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2679)

LEXICON SITE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JULY 2017

Application for approval of the Lexicon Site Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lexicon Site Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 21 July 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Lexicon Site Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval for their Enterprise Agreement from 2016 to 2018. The dispute arose in the Fair Work Commission, Australia's national workplace relations tribunal. The primary issue was whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. This included assessing if the agreement provided for fair wages and conditions, and if it was free from any provisions that would undermine the fundamental rights of employees.

The Commission considered various aspects of the agreement, including wage rates, penalty rates, allowances, and conditions of employment. It also examined whether the agreement provided for a proper process for resolving disputes and if it ensured employees had adequate protections. A significant part of the deliberation involved ensuring that the agreement did not contain any unfair terms that could potentially disadvantage employees. The Commission also had to ensure that the agreement complied with the principles of the national workplace relations system, which include promoting high wages and high levels of employment.

After thorough examination, the Commission found that the proposed Enterprise Agreement did meet the necessary legal standards for approval. It concluded that the agreement provided fair and reasonable terms and conditions for the employees, and it did not contain any unfair provisions. The Commission was satisfied that the agreement supported the overall objectives of the Fair Work Act, including the promotion of high levels of employment and fair wages. Consequently, the Commission approved the agreement, allowing it to come into effect from the specified date.

The Commission's decision was made in favour of the applicants, approving the Enterprise Agreement and allowing it to be implemented. The final orders included the formal approval of the agreement and the setting of its effective date, ensuring that the terms and conditions outlined within it would govern the employment relationship between the parties for the specified period.

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