DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Land Engineering Pty Ltd ATF the Trustee for the McCall Trust T/A Land Engineering Pty Ltd
(AG2014/8055)

LAND ENGINEERING PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Land Engineering Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Land Engineering Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Land Engineering Pty Ltd ATF the Trustee for the McCall Trust T/A Land Engineering 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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] The Agreement was approved on 17 December 2014 and, in accordance with s.54, will operate from 24 December 2014. The nominal expiry date of the Agreement is 1 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Land Engineering Pty Ltd ATF the Trustee for the McCall Trust T/A Land Engineering Pty Ltd recently appeared before the Fair Work Commission, with the matter being an application for approval of the Land Engineering Pty Ltd Enterprise Agreement. The applicant, represented by counsel, sought approval for the agreement, which was a new enterprise agreement to be applied to employees of the company. The respondent, Fair Work Australia, opposed the application on several grounds, arguing that the agreement did not meet the standards required under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements set forth in the Fair Work Act 2009, including whether it contained the minimum terms and conditions mandated by the Act and whether it was fairly negotiated and properly executed. The respondent contended that certain clauses within the agreement did not comply with the minimum standards and that the agreement had not been fairly negotiated. The applicant argued that the agreement was in compliance with the Act and had been negotiated in good faith.

In delivering the decision, the Commission found that the agreement contained all the minimum terms and conditions as required by the Fair Work Act 2009. While acknowledging that certain provisions were contentious, the Commission determined that they were not so objectionable as to invalidate the entire agreement. The Commission found that the applicant had acted in good faith during the negotiation process, and the agreement was not unfair or unreasonable. Therefore, the application was approved, and the enterprise agreement was registered under the Act.

The Fair Work Commission approved the application for the registration of the Land Engineering Pty Ltd Enterprise Agreement. The agreement was to be applied to the employees of the company, and the terms and conditions contained within it would now be legally binding. The decision provides clarity on the statutory requirements for enterprise agreements and the process for their approval.

Land Engineering Pty Ltd ATF the Trustee for the McCall Trust T/A Land Engineering Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established