DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lawleg Pty Ltd T/A Porthaul
(AG2017/4687)

LAWLEG PTY LTD T/A PORTHAUL (TRANSPORT AND FORESTRY OPERATIONS) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2018

Application for approval of the Lawleg Pty Ltd T/A Porthaul (Transport and Forestry Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lawleg Pty Ltd t/a Porthaul (Transport and Forestry Operations) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lawleg Pty Ltd T/A Porthaul. 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, 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] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Lawleg Pty Ltd trading as Porthaul, the applicant sought approval of a proposed enterprise agreement. The respondents were the employees covered by the agreement, including the Australian Workers' Union. The Fair Work Commission was the tribunal tasked with deciding on the application. The primary legal issue was whether the agreement complied with the requirements set forth in the Fair Work Act 2009, particularly whether it met the "better off overall test" and other statutory conditions.

The Commission examined whether the proposed agreement provided employees with conditions that were no worse than the applicable award or certified agreement, and whether it was likely to lead to improved terms and conditions for the employees. The applicant argued that the agreement provided significant benefits, including wage increases, improved leave entitlements, and better working conditions. The respondents, however, contended that the agreement did not sufficiently improve the employees' overall conditions and failed to meet the statutory requirements. The Commission considered the economic context, the bargaining positions of the parties, and the specific terms of the agreement in its deliberations.

After careful consideration, the Commission determined that the proposed agreement did not meet the statutory requirements under the Fair Work Act. The Commission found that while the agreement contained some benefits, it did not provide employees with overall better terms and conditions of employment when compared to the existing award. Consequently, the application for approval was dismissed. The Commission's decision was based on the evidence presented and the legal standards applicable to enterprise agreements under the Fair Work Act.

Lawleg Pty Ltd T/A Porthaul

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established