DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LDI Constructions Civil Pty Ltd
(AG2019/2464)

LDI CONSTRUCTIONS CIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 AUGUST 2019

Application for approval of the LDI Constructions Civil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the LDI Constructions Civil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LDI Constructions Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 30 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LDI Constructions Civil Pty Ltd applied for the approval of the LDI Constructions Civil Pty Ltd Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which has the jurisdiction to approve, modify, and reject enterprise agreements under the Fair Work Act 2009. The application involved a dispute between the employer, LDI Constructions Civil Pty Ltd, and the employees who were covered by the proposed enterprise agreement.

The legal issues before the court were whether the agreement was fair and whether it met the requirements of the Fair Work Act. The court considered whether the agreement provided for a fair and reasonable remuneration package, adequate protections for employees, and appropriate dispute resolution mechanisms. The court also examined whether the agreement complied with the procedural requirements, including the proper notification and consultation processes.

The Fair Work Commission found that the proposed enterprise agreement was fair and met all the statutory requirements. The agreement provided for a reasonable remuneration package and included adequate protections for employees. The court was satisfied that the agreement provided for a fair and reasonable dispute resolution mechanism. The commission also found that the employer had properly notified and consulted with the employees during the agreement's development.

The Fair Work Commission approved the LDI Constructions Civil Pty Ltd Enterprise Agreement 2019. The agreement will now be binding on the parties and will govern the employment conditions of the employees covered by the agreement. The approval of the agreement will provide certainty and stability to both the employer and employees, and it will help to avoid potential industrial disputes in the future.

LDI Constructions Civil 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