DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leed Engineering and Construction Pty Ltd T/A Leed Engineering & Construction
(AG2018/2447)

LEED ENGINEERING AND CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2018 - 2021 (LEED EA 2018)

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Leed Engineering and Construction Pty Ltd Enterprise Agreement 2018 - 2021 (Leed EA 2018).

[1] An application has been made for approval of an enterprise agreement known as the Leed Engineering and Construction Pty Ltd Enterprise Agreement 2018 - 2021 (Leed EA 2018) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leed Engineering and Construction Pty Ltd T/A Leed Engineering & Construction. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Leed Engineering and Construction Pty Ltd, trading as Leed Engineering & Construction, applied to the Fair Work Commission for approval of the Leed Engineering and Construction Pty Ltd Enterprise Agreement 2018 – 2021 (Leed EA 2021). The Fair Work Commission was required to determine whether the agreement should be approved under section 232 of the Fair Work Act 2009. The application was made under the simplified procedure for the approval of enterprise agreements. The employer and the relevant union had reached an agreement, and the union certified the agreement as a single-employer, single-enterprise agreement.

The legal issues included whether the agreement met the requirements of section 230 of the Fair Work Act, including whether the agreement provided for a fair and equitable outcome for employees. The court also needed to determine whether the agreement was in the best interests of the employees and whether the agreement provided for the fair and reasonable resolution of workplace disputes. Additionally, the court needed to determine whether the agreement was consistent with the principles of the Fair Work Act, including the protection of employees’ rights and interests.

The Fair Work Commission found that the Leed EA 2021 was a simple, fair and reasonable agreement that met the requirements of the Fair Work Act. The commission found that the agreement provided for a fair and equitable outcome for employees and was in their best interests. The commission also found that the agreement provided for the fair and reasonable resolution of workplace disputes and was consistent with the principles of the Fair Work Act. The commission approved the Leed EA 2021 under section 232 of the Fair Work Act.

Leed Engineering and Construction Pty Ltd T/A Leed Engineering & Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established