Leed Plant Pty Ltd

[2024] FWCA 2084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Leed Plant Pty Ltd

(AG2024/1828)

LEED PLANT PTY LTD ENTERPRISE AGREEMENT 2024 – 2027 (LEED PLANT EA 2024)

Building services
COMMISSIONER DURHAM	BRISBANE, 6 JUNE 2024

Application for approval of the Leed Plant Pty Ltd Enterprise Agreement 2024 – 2027 (LeedPlant EA 2024)

An application has been made for approval of an enterprise agreement known as the Leed Plant Pty Ltd Enterprise Agreement 2024 – 2027 (Leed Plant EA 2024) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leed Plant Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. 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.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Leed Plant Pty Ltd was brought before the Court to seek approval of the Leed Plant Pty Ltd Enterprise Agreement 2024-2027. The application was filed by the employer, Leed Plant Pty Ltd, seeking formal endorsement of the proposed enterprise agreement, which outlines the terms and conditions of employment for the company's employees over the next four years. The dispute centred around whether the agreement met the necessary legal criteria and provided fair terms for all parties involved.

The legal issues the court had to address included verifying if the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, ensuring that it contained all the mandated minimum terms and conditions, and confirming that the agreement was made in good faith and without coercion. Additionally, the court needed to assess if the agreement provided for a fair and reasonable outcome for both the employer and the employees, taking into account the current economic climate and industry standards.

The court examined the proposed enterprise agreement in detail, considering input from both the employer and the union representatives. It was determined that the agreement adhered to the necessary legal requirements, as it included all the mandated minimum terms and conditions. The court also found that the agreement was made in good faith and without any form of coercion. Furthermore, the agreement was deemed to provide a fair and reasonable outcome for both parties, considering the prevailing economic conditions and industry benchmarks. Therefore, the court approved the Leed Plant Pty Ltd Enterprise Agreement 2024-2027.

The final orders of the court were that the Leed Plant Pty Ltd Enterprise Agreement 2024-2027 be approved and registered with the Fair Work Commission, effective from the date of the decision. This decision ensures that the terms and conditions of employment for the company's employees are legally binding and enforceable for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established