Lance Smith Excavations Pty Ltd Summary

[2014] FWCA 1929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lance Smith Excavations Pty Ltd
(AG2014/3527)

LANCE SMITH EXCAVATIONS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 21 MARCH 2014

Application for approval of the Lance Smith Excavations Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lance Smith Excavations Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lance Smith Excavations Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 21 March 2014 and, in accordance with s.54, will operate from 28 March 2014. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Lance Smith Excavations Pty Ltd, sought approval of the 2013 Enterprise Agreement under the Fair Work Act 2009. The dispute arose from the negotiation process between the applicant and its employees, represented by the Construction, Forestry, Mining and Energy Union. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the agreement met the criteria set out in the Fair Work Act for it to be approved. Specifically, the court needed to determine if the agreement was made in good faith, if it was fairly negotiated, and if it contained the necessary minimum terms and conditions of employment. Additionally, the court considered if the agreement was in the best interests of the employees.

The court found that the agreement was made in good faith and was fairly negotiated. It contained the necessary minimum terms and conditions as required by the Fair Work Act. The court also determined that the agreement was in the best interests of the employees, taking into account the overall fairness of the terms and conditions. As a result, the court approved the Lance Smith Excavations Pty Ltd Enterprise Agreement 2013.

The court's decision was based on the evidence presented by both parties and the overall fairness of the agreement. The court considered the negotiation process, the terms and conditions of the agreement, and the interests of the employees. The court's approval of the agreement ensures that it will now be binding on the parties involved and will regulate the employment relationship moving forward.

Lance Smith Excavations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established