Lake Road Constructions Pty. Ltd.

[2013] FWCA 7193

FAIR WORK COMMISSION

DECISION

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

Lake Road Constructions Pty. Ltd.
(AG2013/1833)

LAKE ROAD CONSTRUCTIONS PTY. LTD. ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Lake Road Constructions Pty. Ltd. Enterprise Agreement 2013- 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Lake Road Constructions Pty. Ltd. Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lake Road Constructions 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 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 27 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Lake Road Constructions Pty. Ltd. was the subject of an application for the approval of an enterprise agreement. The dispute was heard by the Fair Work Commission, which is responsible for overseeing the approval of such agreements under Australian labour law. The applicant sought approval for the Enterprise Agreement 2013-2017, which aimed to regulate the employment terms and conditions for the employees of Lake Road Constructions Pty. Ltd.

The central legal issues before the Commission involved whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for appropriate minimum terms, including pay rates, conditions of employment, and dispute resolution mechanisms. The Commission also examined whether the agreement contained any unfair content, which would render it invalid.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2013-2017 was made in good faith and did not include any unfair content. The agreement provided for appropriate minimum terms and included provisions for the resolution of disputes. The Commission was satisfied that the agreement met all the necessary statutory requirements for approval. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect.

The Commission's final order was that the Enterprise Agreement 2013-2017 be approved as a registered agreement, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment of the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established