DECISION

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

LAF Contracting (NSW) Pty Ltd
(AG2015/2370)

LAF CONTRACTING (NSW) PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 31 JULY 2015

Application for approval of the LAF Contracting (NSW) Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the LAF Contracting (NSW) Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LAF Contracting (NSW) Pty Ltd (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 Fair Work Commission (FWC) received correspondence dated 30 July 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

LAF Contracting (NSW) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Enterprise Agreement 2015-2019. The application was brought by the company, seeking to have the agreement registered and thereby made binding on the employees covered by the agreement. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, raising various objections to the terms of the agreement.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009, including whether it had been fairly negotiated and if it contained the mandated minimum terms and conditions of employment. The Commission needed to determine if the agreement was made in good faith, was free from coercion, and whether it provided for fair and reasonable terms. Additionally, the Commission had to consider if the agreement met the specific requirements for enterprise agreements, such as ensuring that it did not adversely affect the safety, health, or welfare of employees.

In delivering its decision, the Commission thoroughly examined the evidence and submissions presented by both parties. It found that the agreement had been fairly negotiated and did not contain any terms that would be considered unfair or unreasonable. The Commission determined that the agreement complied with the statutory requirements and was made in good faith. It concluded that the agreement did not adversely affect the safety, health, or welfare of employees and that it provided for fair and reasonable terms and conditions of employment. As a result, the Commission approved the Enterprise Agreement 2015-2019, making it a legally binding document between LAF Contracting (NSW) Pty Ltd and its employees.

The Commission's final order was that the Enterprise Agreement 2015-2019 be approved and registered, thereby making it a legally binding document between the parties. The agreement was to be in effect from the date of the decision and would govern the employment terms and conditions of the employees until it expired or was replaced by a new agreement. This outcome provides clarity and certainty for both the employer and employees, ensuring that the terms of their employment are governed by a legally recognised agreement.

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