DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5984)

LACK GROUP CONSTRUCTION PTY LTD AND CFMEU ACT SUPPLEMENTARY LABOUR HIRE, SITE CLEANING AND TRAFFIC MANAGEMENT SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the Lack Group Construction Pty Ltd and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Lack Group Construction Pty Ltd and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector 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 10 October 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an agreement between the Lack Group Construction Pty Ltd and CFMEU ACT. The agreement, referred to as the Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016, sought to establish terms and conditions for labour hire workers, site cleaning and traffic management personnel within the construction industry. The Union argued that the agreement was necessary to address specific issues within the sector, including the need for fair and equitable treatment of workers.

The legal issues before the Commission centred on whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement was a small business agreement, whether it was a genuine agreement, and whether it provided for terms and conditions that were no less favourable than the applicable award or registered agreement. The Union argued that the agreement was necessary to address specific issues within the sector, including the need for fair and equitable treatment of workers. The Commission had to determine whether these issues were adequately addressed and whether the agreement met the statutory criteria for approval.

The Commission found that the proposed agreement was a genuine agreement and met the statutory criteria for approval. It concluded that the agreement was necessary to address specific issues within the sector, including the need for fair and equitable treatment of workers. The Commission also found that the agreement provided for terms and conditions that were no less favourable than the applicable award or registered agreement. The Union successfully demonstrated that the agreement was necessary to address specific issues within the sector, including the need for fair and equitable treatment of workers. The Commission approved the agreement, and it will now apply to the parties involved.

The Commission's decision provides clarity on the criteria for approving sector agreements and the importance of addressing specific issues within a particular industry. The decision also highlights the role of the Fair Work Commission in promoting fair and equitable treatment of workers within the construction industry. The approval of this agreement may have implications for other sector agreements in the industry, and it may set a precedent for future agreements. The final orders of the Commission were that the Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016 be approved as a registered agreement.

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