DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lipman Pty Ltd
(AG2018/6188)

LIPMAN PTY. LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 NOVEMBER 2018

Application for approval of the Lipman Pty. Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lipman Pty. Ltd / CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lipman Pty Ltd. 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, 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 30 November 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lipman Pty Ltd, a company operating in the coal mining sector, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) were parties to a dispute concerning the approval of their collective agreement. This case was heard in the Fair Work Commission of Australia, an independent statutory body responsible for resolving workplace disputes and promoting fair work practices. The central issue before the Commission was whether the collective agreement, which aimed to regulate the employment terms and conditions of workers within Lipman's operations, was consistent with the applicable laws and standards.

The Commission was tasked with examining the collective agreement's provisions in light of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Key considerations included whether the agreement complied with the requirements for good faith bargaining, its alignment with the national workplace relations system, and its fairness to all parties involved. The Commission also had to ensure that the agreement did not contain any provisions that would undermine workers' rights or result in unjust outcomes.

Upon reviewing the evidence and submissions from both parties, the Commission determined that the collective agreement largely complied with the relevant legislative framework. The agreement was found to be the product of good faith negotiations and did not contain any provisions that would prejudice the workers' rights or result in unfair outcomes. Consequently, the Commission approved the Lipman Pty Ltd / CFMEU Collective Agreement 2018. The decision was made in accordance with the principles of fairness and the promotion of conciliation and arbitration in the workplace.

Lipman Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established