DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LDI Constructions Civil Pty Ltd
(AG2016/5822)

LDI CONSTRUCTIONS CIVIL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the LDI Constructions Civil Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the LDI Constructions Civil Pty Ltd Enterprise Agreement 2016 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, LDI Constructions Civil Pty Ltd, an employer, applied for the approval of the LDI Constructions Civil Pty Ltd Enterprise Agreement 2016. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the legal standards for approval. The dispute centred on the terms and conditions set out in the agreement, particularly concerning pay rates, penalty rates, and other employment conditions.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act 2009 and whether it was properly made in accordance with the provisions of the Act. Additionally, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, including remuneration, and if it complied with the procedural requirements for enterprise agreements.

The Commission examined the agreement clause by clause, assessing whether it met the mandatory terms criteria and if the process for its creation was valid. The Commission found that the agreement did include all the mandatory terms and was made in compliance with the procedural requirements of the Act. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions. Given these findings, the Commission approved the application for the agreement, deeming it to be a valid and lawful enterprise agreement.

The Fair Work Commission approved the LDI Constructions Civil Pty Ltd Enterprise Agreement 2016, finding it to be in compliance with the relevant statutory requirements and providing for fair and reasonable terms and conditions. The decision confirmed the validity of the agreement, allowing it to be implemented as the governing document for the employment conditions of the parties involved.

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