DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Langdon Contractors P/L
(AG2016/4862)

LANGDON CONTRACTORS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Langdon Contractors Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Langdon Contractors Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Langdon Contractors P/L. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 15 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Langdon Contractors P/L applied to the Fair Work Commission for approval of the Langdon Contractors Enterprise Agreement 2016. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, as a registered agreement. The dispute centred on whether the agreement met the statutory requirements for registration and approval, including compliance with the Fair Work Act's provisions regarding employee representation and bargaining.

The Commission had to determine whether the agreement was fairly and properly negotiated and whether it adhered to the legal standards for enterprise agreements, including the provisions for employee representation and the avoidance of adverse action against employees. Furthermore, the Commission examined whether the agreement's terms were consistent with the Fair Work Act's objectives, including provisions for minimum wages and conditions.

In evaluating the application, the Commission considered the evidence and submissions from both the applicant and the relevant employees. The Commission found that the agreement was indeed fairly and properly negotiated and that it complied with the statutory requirements for registration. The Commission noted that the agreement provided for adequate employee representation and did not include any terms that would lead to adverse action against employees. The Fair Work Commission approved the agreement, finding it met the necessary legal standards and objectives of the Fair Work Act.

The Commission made an order approving the Langdon Contractors Enterprise Agreement 2016 as a registered agreement under section 232 of the Fair Work Act 2009. This decision provides clarity and legal certainty for the parties involved, ensuring that the agreement is recognised and enforceable in accordance with the provisions of the Fair Work Act.

Langdon Contractors P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established