John Lacey Earthmoving Pty Ltd T/A John Lacey Earthmoving Pty Ltd / Resurrection Reycyclers

[2014] FWCA 6069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

John Lacey Earthmoving Pty Ltd T/A John Lacey Earthmoving Pty Ltd / Resurrection Reycyclers
(AG2014/7160)

JLE ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the JLE Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe JLE Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Lacey Earthmoving Pty Ltd t/a John Lacey Earthmoving Pty Ltd / Resurrection Recyclers (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, John Lacey Earthmoving Pty Ltd T/A John Lacey Earthmoving Pty Ltd applied for approval of the JLE Enterprise Agreement 2014-2018. The application was opposed by Resurrection Reycyclers, which objected to the terms of the agreement. The Fair Work Commission was tasked with determining whether the enterprise agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement contained the necessary provisions for approval under the Fair Work Act 2009. This involved assessing the agreement against the criteria for minimum terms and conditions, such as those relating to minimum wages, penalty rates, leave entitlements, and other employment standards. Resurrection Reycyclers argued that the agreement did not adequately provide for these minimum terms.

The Fair Work Commission carefully examined the contents of the enterprise agreement against the statutory minimum standards. The Commission noted that the agreement provided for minimum wages and penalty rates in accordance with the relevant industrial instruments. However, it found that the agreement did not sufficiently address some aspects of leave entitlements. Despite this, the Commission concluded that the overall provisions of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. Therefore, the Commission approved the enterprise agreement, considering that the minor deficiencies did not significantly impact the fairness of the agreement as a whole.

The Fair Work Commission approved the enterprise agreement subject to the terms and conditions set out in the decision. The approval ensures that the agreement will govern the employment conditions of the relevant workers for the specified period, provided it complies with the Fair Work Act and any other relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established