Construction, Forestry, Mining and Energy Union v Lend Lease Building Pty Ltd (formerly known as Lend Lease Project Management and Construction Australia Pty Ltd)

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought a declaration from the Fair Work Commission (FWC) that a dispute existed between the parties over any matters arising under the enterprise agreement and the National Employment Standards (NES). Lend Lease Building Pty Ltd (Lend Lease) contested the CFMEU's claim. The FWC was tasked with determining whether a dispute existed under the specified terms.

The primary legal issue before the FWC was whether the CFMEU's application correctly identified a dispute as per the relevant legislation. Specifically, the court had to examine whether the CFMEU's application correctly identified a dispute that involved any matter arising under the enterprise agreement or the NES. The court also had to consider the procedural requirements and the proper interpretation of the relevant sections of the Fair Work Act 2009 (Cth).

The FWC held that the CFMEU's application did not correctly identify a dispute under the enterprise agreement or the NES. The court found that the CFMEU's application did not satisfy the requirements under section 186(6) of the Fair Work Act. The court noted that the application did not specify the matters in dispute or provide adequate details to meet the statutory criteria. Consequently, the FWC dismissed the CFMEU's application.