DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laser Linings Pty Ltd
(AG2015/4751)

LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the LASER LININGS 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 Laser Linings 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 1 September 2015 and, in accordance with s.54, will operate from 8 September 2015. The nominal expiry date of the Agreement is 1 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Laser Linings Pty Ltd, an employer, applied for the approval of its 2015 enterprise agreement under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which claimed that the agreement did not meet the criteria for approval as set out in the Act. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the enterprise agreement contained all the necessary provisions as required by the Fair Work Act. Specifically, the court had to determine if the agreement included a fair and reasonable process for resolving disputes between the employer and employees. The CFMEU argued that the agreement's dispute resolution provisions did not meet the statutory requirements, as they did not provide for an independent third party to be involved in resolving disputes.

The court considered the arguments presented by both parties and examined the provisions of the agreement in question. The court found that the agreement's dispute resolution provisions were in fact compliant with the statutory requirements. The court determined that the agreement included a fair and reasonable process for resolving disputes, as it provided for the appointment of an independent mediator to assist in resolving disputes before they were escalated to a more formal arbitration process. The court found that the agreement's dispute resolution provisions were not deficient and could be approved.

As a result, the court approved the Laser Linings Pty Ltd Enterprise Agreement 2015, finding that it met all the necessary criteria for approval under the Fair Work Act. The court rejected the CFMEU's opposition to the agreement and granted the employer's application for approval. The court found that the agreement was fair and reasonable and provided for an effective process for resolving disputes between the employer and employees.

Laser Linings 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