DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LAF Contracting (NSW) Pty Ltd
(AG2019/1529)

LAF CONTRACTING (NSW) PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 SEPTEMBER 2019

Application for approval of the LAF Contracting (NSW) Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the LAF Contracting (NSW) Pty Ltd Enterprise Agreement 2019-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[5] Pursuant to subsection 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.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 9 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, LAF Contracting (NSW) Pty Ltd sought approval for its Enterprise Agreement 2019-2023, which was to govern the terms and conditions of employment for its workers. The application was made under the Fair Work Act 2009, and the Australian Building and Construction Commission (ABCC) filed an objection to the approval of the agreement, asserting that it did not meet the requirements for the dismissal of employees on economic grounds. The nature of the dispute was whether the terms of the proposed agreement provided for fair and reasonable conditions of employment and if they aligned with the statutory obligations under the Fair Work Act.

The key legal issues before the Commission were whether the proposed agreement adequately protected employees against unfair dismissal and whether it allowed for the dismissal of employees on economic grounds. The ABCC argued that certain clauses in the agreement were inconsistent with the protections provided under the Fair Work Act. The Commission had to determine if the agreement was consistent with the principles of procedural fairness and if it provided for fair and reasonable terms and conditions of employment.

The Commission examined the terms of the proposed agreement and the objections raised by the ABCC. It found that the agreement contained provisions that aligned with the statutory requirements for dismissals on economic grounds. The Commission noted that the agreement included provisions for procedural fairness, such as the right to be heard and the right to be accompanied by a support person. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and was consistent with the statutory requirements. The application for approval of the Enterprise Agreement 2019-2023 was approved.

The Fair Work Commission approved the application for the approval of the Enterprise Agreement 2019-2023, finding that it met the statutory requirements under the Fair Work Act. The Commission's decision provides guidance to employers and employees on the requirements for Enterprise Agreements and the importance of ensuring that they are consistent with the principles of procedural fairness and the statutory protections provided under the Fair Work Act.

LAF Contracting (NSW) 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