DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longshore Employment Pty Ltd; Construction, Forestry, Mining and Energy Union
(AG2016/5228)

LONGSHORE EMPLOYMENT PTY LTD GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Longshore Employment Pty Ltd Greenfields Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Longshore Employment Pty Ltd Greenfields Agreement (Agreement). The application was made by Longshore Employment Pty Ltd and Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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 the 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.

[7] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2016. The nominal expiry date of the Agreement is 14 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Longshore Employment Pty Ltd; Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to approve a new enterprise agreement between Longshore Employment Pty Ltd and its employees represented by the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The commission had to consider whether the agreement was free from any improper influences, appropriately covered the employees, and complied with the procedural requirements set out in the Act.

The key legal issue before the commission was whether the agreement was genuinely negotiated between the parties. The union argued that the agreement was not fairly negotiated and did not meet the procedural requirements of the Act. The commission had to examine the evidence presented by both parties to determine if the agreement was made in good faith and if the union had genuinely represented its members. The commission also needed to ensure that the agreement was not made under any duress or coercion.

After reviewing the evidence, the commission found that the agreement was genuinely negotiated and met all the statutory requirements for approval. The commission concluded that there was no evidence of coercion or duress and that the union had adequately represented its members. The commission also found that the agreement was free from any improper influences and was appropriately negotiated. Consequently, the commission approved the Longshore Employment Pty Ltd Greenfields Agreement. This decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and comply with the statutory requirements set out in the Fair Work Act.

Longshore Employment Pty Ltd; 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