DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.J. Lyons and Sons Pty Ltd T/A Lyons Construction
(AG2019/2613)

LYONS CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2019

Application for approval of the Lyons Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lyons Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E.J. Lyons and Sons Pty Ltd T/A Lyons Construction. 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, Maritime, 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 9 September 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of an enterprise agreement between E.J. Lyons and Sons Pty Ltd trading as Lyons Construction and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC), specifically by Commissioner J.M. Gilmour, Senior Deputy President P.J. Cole and Deputy President B.J. Taylor. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly regarding the terms and conditions of employment for the employees of Lyons Construction.

The legal issues the FWC had to resolve included whether the agreement was in good faith, whether it provided for proper minimum terms, and whether it was made in accordance with the processes prescribed by the Fair Work Act. Additionally, the FWC needed to assess whether the agreement was appropriately negotiated and if it contained provisions that were fair and reasonable. The FWC also considered whether the agreement was consistent with the broader principles of the national workplace relations system.

The FWC concluded that the agreement was made in good faith and that it contained proper minimum terms. The FWC found that the negotiation process was appropriate and that the terms of the agreement were fair and reasonable. The FWC also determined that the agreement was consistent with the broader principles of the national workplace relations system. The FWC approved the enterprise agreement, finding that it met all the necessary criteria under the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees of Lyons Construction are legally compliant and appropriately negotiated.

E.J. Lyons and Sons Pty Ltd T/A Lyons Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established