DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leeson Solar Pty Ltd
(AG2016/6537)

LEESON SOLAR PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Leeson Solar Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Leeson Solar Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leeson Solar 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 8 December 2016. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Leeson Solar Pty Ltd, sought approval for the Enterprise Agreement 2016 - 2020, under the Fair Work Act 2009. The dispute arose because the applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), challenged the agreement's validity, arguing that it did not meet the criteria for approval under the Act. The case was heard by the Fair Work Commission (FWC).

The primary legal issues for the FWC to determine were whether the agreement had been made in accordance with the Act, and whether it contained the minimum terms and conditions as required by law. Specifically, the FWC needed to consider if the agreement was genuinely negotiated, if it contained only matters that were genuinely negotiable, and if it provided for the minimum entitlements as stipulated by the Act. Additionally, the FWC had to assess if the agreement met the "better off overall test" (BOOT), ensuring that employees were no worse off financially and had at least the minimum terms and conditions.

In assessing the agreement, the FWC examined the negotiation process and the terms of the agreement itself. It considered evidence of genuine negotiation, the nature of the matters covered, and the provisions of the agreement against the statutory requirements. The FWC found that the negotiation process was genuine, and the agreement contained only genuinely negotiable matters. Furthermore, the FWC determined that the agreement provided for the minimum terms and conditions and met the BOOT, as the employees were better off overall with the new agreement. Consequently, the FWC approved the Enterprise Agreement 2016 - 2020, finding it met all the statutory criteria.

The FWC's final order was that the Leeson Solar Pty Ltd Enterprise Agreement 2016 - 2020 be approved and registered under the Fair Work Act 2009. The agreement was deemed to be a lawful and binding enterprise agreement, effective from the date of the FWC's decision.

Leeson Solar 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