Lanyonscapes Pty Ltd

[2014] FWCA 5032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lanyonscapes Pty Ltd
(AG2014/1725)

LANYONSCAPES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 JULY 2014

Application for approval of the Lanyonscapes Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 July 2014 by Lanyonscapes Pty Ltd for the approval of a single-enterprise agreement known as the Lanyonscapes Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Lanyonscapes Pty Ltd was the subject of an application for the approval of the Lanyonscapes Pty Ltd Enterprise Agreement 2014, which was heard by the Fair Work Commission. The applicant, Lanyonscapes Pty Ltd, sought approval of the enterprise agreement, which was intended to regulate the employment terms and conditions of its employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was fairly and properly negotiated, contained certain mandatory terms, and was in the interests of the employees.

The central legal issues for the Commission to resolve were whether the enterprise agreement was genuinely negotiated and not coerced, whether it contained all the mandatory terms required by the Fair Work Act, and whether it was in the best interests of the employees. The Commission examined the negotiation process, the content of the agreement, and the impact of the agreement on the employees. It was necessary to ensure that the agreement did not undermine the rights and protections provided under the Fair Work Act and that it provided fair and reasonable terms for the employees.

The Fair Work Commission found that the enterprise agreement was fairly and properly negotiated, contained all the mandatory terms required by the Fair Work Act, and was in the best interests of the employees. The Commission noted that the negotiation process was transparent and that the agreement provided reasonable terms for the employees, including protections against unfair dismissal and provisions for paid leave. The Commission was satisfied that the agreement did not undermine the rights and protections provided under the Fair Work Act and that it met the legal requirements for approval. The Commission approved the Lanyonscapes Pty Ltd Enterprise Agreement 2014.

The Fair Work Commission approved the Lanyonscapes Pty Ltd Enterprise Agreement 2014, effective from the date of the decision. The approval was subject to certain conditions, including the requirement that the agreement be implemented in accordance with the terms and conditions set out in the agreement. The Commission also noted that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act. The approval of the enterprise agreement provided certainty and stability for both the employer and the employees, and ensured that the agreement was compliant with the legal requirements under the Fair Work Act.

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