DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6051)

LACK GROUP CONSTRUCTION PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Lack Group Construction Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Lack Group Construction Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (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 Unionand that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Lack Group Construction Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The court was tasked with determining whether the agreement met the necessary criteria for approval and whether it complied with the provisions of the Act.

The primary legal issues the court needed to decide were whether the agreement was genuinely negotiated, whether it contained appropriate mechanisms for resolving disputes, and whether it complied with the good faith obligations under the Fair Work Act. Additionally, the court had to consider whether the agreement provided for the fair treatment of employees, including provisions for redundancy and termination.

The court found that the agreement was genuinely negotiated between the parties, contained adequate dispute resolution mechanisms, and complied with the good faith obligations. The court also determined that the agreement provided for the fair treatment of employees, with appropriate provisions for redundancy and termination. As a result, the court approved the enterprise agreement. The decision underscored the importance of genuine negotiation and fair treatment in enterprise agreements, setting a precedent for future agreements in the industry.

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