DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7234)

LININGS PTY LTD T/AS CUSTOM CEILINGS AND THE CONSTRUCTION, FORESTRY, MINING & ENERGY UNION (ACT) MORRIS DICKSON APARTMENTS PROJECT GREENFIELDS AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for the approval of the Linings Pty Ltd t/as Custom Ceilings and the Construction, Forestry, Mining & Energy Union (ACT) Morris Dickson Apartments Project Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Linings Pty Ltd t/as Custom Ceilings and the Construction, Forestry, Mining & Energy Union (ACT) Morris Dickson Apartments Project Greenfields Agreement 2016 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of an agreement between Linings Pty Ltd trading as Custom Ceilings and the Construction, Forestry, Mining and Energy Union (ACT). The agreement in question was the Morris Dickson Apartments Project Greenfields Agreement 2016. The applicant sought the court's approval of the agreement under the Fair Work Act 2009, specifically section 234, which allows for the approval of enterprise agreements that meet certain criteria.

The legal issues before the court were whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it contained the necessary provisions to be considered a lawful and fair enterprise agreement. The court needed to consider various aspects of the agreement, including the process by which it was negotiated, whether it included the appropriate terms and conditions, and whether it met the requirements for being an enterprise agreement.

The court found that the agreement was a genuine enterprise agreement that was negotiated in good faith and contained the necessary provisions to be considered a lawful and fair agreement. The court was satisfied that the agreement was not disadvantageous to the employees covered by it and that it met the criteria set out in the Fair Work Act 2009. The court approved the agreement, finding that it was in the best interests of the employees and the employer.

The court ordered that the Morris Dickson Apartments Project Greenfields Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement would now be binding on the parties and would provide a framework for the employment relationship between the employer and the employees covered by the agreement. The court's decision provided certainty and stability to the parties and ensured that the agreement was in compliance with the relevant legislation.

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