DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6771)

LLAMAPAT (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Llamapat (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Llamapat (NSW) 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.

[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 15 November 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Llamapat (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2017. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to regulate workplace relations in Australia.

The central legal issues addressed by the Commission were whether the collective agreement met the statutory requirements for approval under the Fair Work Act, and whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine whether the agreement complied with the provisions regarding the protection of vulnerable workers and whether it contained any provisions that would be detrimental to the parties involved or to the broader workforce.

The Commission examined the agreement clause by clause, considering whether each provision was fair and reasonable in all the circumstances. The Commission found that the agreement contained several provisions that were consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission approved the agreement subject to certain modifications to ensure compliance with the statutory requirements. These modifications included adjustments to the provisions regarding shift patterns, overtime, and penalties for breaches of the agreement.

The Fair Work Commission approved the Llamapat (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2017, subject to the modifications outlined in the decision. The Commission found that the agreement, as modified, met the statutory requirements for approval and was consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission also noted that the modifications made to the agreement were minor and did not significantly alter the intended purpose of the agreement. The Commission's decision provides guidance to employers and unions on the types of provisions that are acceptable in a collective agreement and highlights the importance of ensuring that agreements comply 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