DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lanson Contracting Pty Ltd
(AG2015/5947)

LANSON CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 OCTOBER 2015

Application for approval of the Lanson Contracting Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lanson Contracting Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lanson Contracting Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lanson Contracting Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Lanson Contracting Pty Ltd Enterprise Agreement 2015. The application was made by Lanson Contracting, a party to the agreement, in accordance with section 234 of the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement, particularly whether the agreement was made in good faith and whether it complied with the relevant statutory requirements.

The central legal issue before the Commission was whether the agreement had been made in good faith and whether it adhered to the provisions of the Fair Work Act. Lanson Contracting argued that the agreement was the result of genuine negotiations between the parties and that it complied with all necessary statutory requirements. The Commission was tasked with determining whether the evidence presented supported these claims and whether the agreement met the criteria for approval.

In delivering its decision, the Commission examined the evidence provided by both parties and considered the principles of good faith bargaining under the Fair Work Act. The Commission found that the agreement was indeed the product of genuine negotiations and that it complied with the statutory requirements. The evidence demonstrated that both parties had engaged in good faith bargaining, and the terms of the agreement were fair and reasonable. Consequently, the Commission approved the Lanson Contracting Pty Ltd Enterprise Agreement 2015, finding that it met all necessary legal standards.

Lanson Contracting 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