Leighton Contractors Pty Limited Summary

[2014] FWCA 427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Leighton Contractors Pty Limited
(AG2013/10473)

LEIGHTON CONTRACTORS NSW BUILDING PROJECTS CFMEU ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JANUARY 2014

Application for approval of the Leighton Contractors NSW Building Projects CFMEU Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Leighton Contractors NSW Building Projects CFMEU Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leighton Contractors Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Leighton Contractors Pty Limited applied to the Fair Work Commission for approval of the Leighton Contractors NSW Building Projects CFMEU Enterprise Agreement 2013-2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, the body with jurisdiction to decide on the approval of enterprise agreements.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements under the Fair Work Act. Procedurally, the Commission needed to consider whether the agreement was made in accordance with the prescribed process, including the provision of requisite documents and the involvement of relevant bargaining representatives. Substantively, the Commission had to determine if the agreement met the "better off overall test" and did not contain any terms that were contrary to public policy or unprotected industrial attributes. The Commission also needed to ensure the agreement did not unfairly discriminate against employees or undermine the operation of safety and health laws.

The Commission found that the agreement was procedurally valid, having been made with proper notice and consultation. It also concluded that the agreement satisfied the better off overall test, providing employees with benefits that outweighed any disadvantages. The Commission noted that the agreement contained provisions for wages, leave, and other employment conditions that were reasonably comparable to or better than the applicable awards and existing conditions of employment. Importantly, the Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or unprotected industrial attributes, and it did not unfairly discriminate against employees. The Commission also determined that the agreement complied with all relevant safety and health laws. Based on these findings, the Commission approved the Leighton Contractors NSW Building Projects CFMEU Enterprise Agreement 2013-2017.

The Fair Work Commission approved the Leighton Contractors NSW Building Projects CFMEU Enterprise Agreement 2013-2017, effective from 1 January 2014 until 31 December 2017. The Commission's approval was contingent upon the agreement being registered with the Fair Work Registry within the stipulated timeframe. The decision confirmed the procedural and substantive validity of the agreement, providing legal certainty for the parties involved.

Leighton Contractors Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established