Leeway Group Pty Ltd

Case [2015] FWCA 2672


[2015] FWCA 2672
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Leeway Group Pty Ltd
(AG2015/799)

LEEWAY GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Plumbing industry

COMMISSIONER LEE

MELBOURNE, 20 APRIL 2015

Application for approval of the Leeway Group Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Leeway Group Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leeway Group 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 was approved on 20 April 2015 and, in accordance with s.54, will operate from 27 April 2015. The nominal expiry date of the Agreement is 19 April 2019.

COMMISSIONER

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Details
AGLC
Leeway Group Pty Ltd [2015] FWCA 2672
Case
[2015] FWCA 2672
Decision Date

CaseChat Overview and Summary

Leeway Group Pty Ltd was involved in a dispute over the approval of their 2015 Enterprise Agreement. The Fair Work Commission heard the application, with the Leeway Group seeking to have the agreement approved under the Fair Work Act 2009. The dispute involved various aspects of the proposed agreement, including the conditions of employment for employees within the organisation.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and if it provided for the terms and conditions of employment in a fair and reasonable manner. The Commission needed to determine if the agreement complied with the good faith bargaining requirements and if it contained any terms that were contrary to public policy or in breach of any existing industrial instruments.

In examining the agreement, the Commission considered the negotiation process, the content of the agreement, and its implications for the employees and the employer. The Commission also looked into whether the agreement provided for a fair and reasonable outcome for both parties. Ultimately, the Commission found that the proposed agreement met the necessary statutory criteria and did not contravene any public policy or existing industrial instruments. The agreement was approved by the Fair Work Commission, thereby legally binding both Leeway Group and the employees involved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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