DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lacoa Group Pty Ltd
(AG2015/4422)

LACOA GROUP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Lacoa Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Lacoa Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Lacoa Group Pty Ltd

[2] 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 the Australian Workers’ Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 26 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Lacoa Group Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Lacoa Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The application was made by Lacoa Group Pty Ltd, an employer, and the Australian Workers' Union, the relevant trade union. The dispute centred around whether the proposed agreement met the legal standards required for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it adhered to the requirements of the Fair Work Act, including provisions relating to employee protections, industrial action, and procedural fairness. The Commission needed to ensure that the agreement was not only procedurally sound but also substantively fair to both the employees and the employer.

After thorough examination, the Commission found that the agreement had been genuinely negotiated between the parties and that it complied with all relevant statutory requirements. The Commission noted that the agreement included provisions for a fair process of consultation and that it did not disadvantage any party unfairly. Furthermore, the Commission was satisfied that the agreement contained all necessary elements for a lawful and effective workplace agreement. Consequently, the application for approval was granted.

As a result, the Fair Work Commission approved the Lacoa Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015, confirming its validity and enforceability under the Fair Work Act.

Lacoa Group 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