DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6631)

LEMONT PROPERTIES P/L ATF THE ROMBERG FAMILY TRUST T/A I&H CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Lemont Properties P/L ATF The Romberg Family Trust T/A I&H Contractors and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lemont Properties P/L ATF The Romberg Family Trust T/A I&H Contractors and CFMEU Union Collective Agreement 2015 - 2019 (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 7 November 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Construction, Forestry, Mining and Energy Union (CFMEU) and Lemont Properties P/L ATF The Romberg Family Trust T/A I&H Contractors, sought approval for a union collective agreement under the Fair Work Act 2009. The application was lodged with the Fair Work Commission, which is responsible for approving such agreements. The dispute arose from the negotiation and subsequent application for approval of a collective agreement aimed at regulating employment terms and conditions between the CFMEU and I&H Contractors.

The primary legal issues before the court were whether the collective agreement complied with the statutory requirements under the Fair Work Act and if it adhered to the principles of good faith bargaining and fairness. The court had to determine if the agreement contained provisions that were contrary to the Act, if it was made in good faith, and if it met the public interest test. Furthermore, the court considered whether the agreement was consistent with the principles of enterprise bargaining and if it provided for a fair and reasonable outcome for both parties.

In rendering its decision, the court thoroughly examined the content of the collective agreement, scrutinising each clause to ensure compliance with the statutory requirements and principles of good faith bargaining. The court found that the agreement was largely consistent with the Fair Work Act and did not contain any provisions that were contrary to the Act. The agreement was made in good faith, and it passed the public interest test. The court also concluded that the agreement provided for a fair and reasonable outcome for both parties. As a result, the court approved the collective agreement.

The Fair Work Commission approved the Lemont Properties P/L ATF The Romberg Family Trust T/A I&H Contractors and CFMEU Union Collective Agreement 2015 - 2019, finding it to be in compliance with the Fair Work Act and consistent with the principles of good faith bargaining and fairness.

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