DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lane Access Division Pty Ltd
(AG2015/1294)

LANE ACCESS DIVISION PTY LTD COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 3 JULY 2015

Application for approval of the Lane Access Division Pty Ltd Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Lane Access Division Pty Ltd Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lane Access Division Pty Ltd. 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 10 July 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Lane Access Division Pty Ltd applied to the Fair Work Commission for approval of a collective agreement covering the period 2015 to 2018. The Fair Work Commission was required to consider whether the agreement was in the best interests of the employees it covered. The company argued that the agreement was in the best interests of the employees because it provided for fair and reasonable terms of employment, including wages, hours of work, and other conditions of employment. The employees, represented by a union, argued that the agreement did not provide for adequate wage increases and did not adequately protect employees' rights.

The Fair Work Commission found that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for wage increases above the rate of inflation, and that the agreement contained provisions designed to protect employees' rights, such as provisions relating to redundancy and termination of employment. The Commission also noted that the agreement had been negotiated in good faith and that the employees had been given an opportunity to vote on the agreement.

The Fair Work Commission approved the collective agreement, subject to certain modifications. The modifications related to the calculation of overtime rates and the provision of paid parental leave. The company and the union were required to negotiate these modifications and submit them to the Commission for approval. The Commission noted that the modifications were necessary to ensure that the agreement was fair and reasonable, and that it provided for adequate protection of employees' rights.

The Fair Work Commission made an order approving the Lane Access Division Pty Ltd Collective Agreement 2015-2018, subject to the modifications noted above. The order was effective from 1 July 2015 and was to remain in force until 30 June 2018. The order also provided for the agreement to be registered with the Registrar of the Fair Work Commission.

Lane Access Division 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