I.R & L.C Lester Contracting Pty Ltd T/A Burt and Campbell

[2014] FWCA 6594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I.R & L.C Lester Contracting Pty Ltd T/A Burt and Campbell
(AG2014/1728)

THE BURT AND CAMPBELL ENTERPRISE AGREEMENT 2014 - 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of The Burt and Campbell Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of a single-enterprise agreement known as The Burt and Campbell Enterprise Agreement 2014 - 2018 (the Agreement). The application was made by I.R & L.C Lester Contracting Pty Ltd T/A Burt and Campbell pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 26 September 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of I.R & L.C Lester Contracting Pty Ltd T/A Burt and Campbell, before the Fair Work Commission, concerns the application for approval of the Burt and Campbell Enterprise Agreement 2014-2018. The applicant, Lester Contracting, seeks approval for the agreement that governs the terms and conditions of employment for workers in the electrical contracting industry. The legal issues at hand revolve around whether the agreement complies with the statutory requirements of the Fair Work Act 2009, including whether it meets the "better off overall test" and is free from any prohibited content.

The Commission examined whether the agreement adequately ensures that employees are not worse off financially than they would be under the applicable awards. It also considered if the agreement was genuinely negotiated and contained only permissible terms and conditions. The applicant argued that the agreement was beneficial to employees, providing additional benefits such as improved leave entitlements and enhanced superannuation contributions. The respondent, however, contended that the agreement did not adequately protect employees' rights and failed to meet the necessary standards under the Fair Work Act.

The Fair Work Commission found that the agreement was fairly negotiated and met the "better off overall test." The Commission acknowledged the additional benefits provided to employees but also recognised the importance of maintaining a balance between the interests of employers and employees. The agreement was deemed to be free from any prohibited content and met all statutory requirements. Consequently, the Commission approved the Burt and Campbell Enterprise Agreement 2014-2018. The applicant's application for approval was successful, and the agreement was registered. This decision ensures that the terms and conditions of employment are legally compliant and protect the interests of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established