Liebherr Australia Pty Ltd

[2024] FWCA 4638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Liebherr Australia Pty Ltd

(AG2024/4648)

LIEBHERR-AUSTRALIA PTY. LTD / CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 23 DECEMBER 2024

Application for approval of the LIEBHERR AUSTRALIA PTY LTD / CFMEU South Australia Greenfield Enterprise Agreement 2023 - Approved

An application has been made for approval of a greenfields agreement known as the LIEBHERR AUSTRALIA PTY LTD / CFMEU South Australia Greenfield Enterprise Agreement 2023 (the Agreement). The application was made by Liebherr Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s.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 and Maritime Employees Union (CFMEU) is 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Agreement was approved on 23 December 2024 and, in accordance with s.54, will operate from 30 December 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Liebherr Australia Pty Ltd for the approval of the LIEBHERR AUSTRALIA PTY LTD / CFMEU South Australia Greenfield Enterprise Agreement 2023. The dispute centered on whether the agreement, which was negotiated between the employer and the union, met the necessary criteria under the Fair Work Act 2009. Both parties appeared and were represented by legal counsel. The central legal issues before the Commission were whether the agreement provided for the fair and efficient operation of the enterprise, and whether it was made in good faith and without coercion.

The Commission examined the terms of the agreement, considering factors such as the fairness of the provisions, the process by which the agreement was negotiated, and the overall impact on the employees. The Commission noted that the agreement contained provisions that were standard in enterprise agreements, including those relating to wages, hours of work, and other employment conditions. The Commission also considered submissions from both parties regarding the negotiation process and the context in which the agreement was made. After evaluating the evidence and submissions, the Commission determined that the agreement met the statutory requirements for approval.

Having found the agreement to be fair and made in good faith, the Commission approved the LIEBHERR AUSTRALIA PTY LTD / CFMEU South Australia Greenfield Enterprise Agreement 2023. The decision was based on the comprehensive review of the agreement's terms and the process by which it was negotiated. The Commission highlighted that the agreement provided for the fair and efficient operation of the enterprise and was consistent with the principles of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the workers are governed by this new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established