Leighton Contractors Pty Limited Summary

[2013] FWCA 10072

FAIR WORK COMMISSION

DECISION

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

Leighton Contractors Pty Limited
(AG2013/10410)

LEIGHTON CONTRACTORS PTY LIMITED ROAD NETWORK SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Leighton Contractors Pty Ltd Road Network Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Leighton Contractors Pty Ltd Road Network Services Enterprise Agreement 2013 (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 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 20 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Leighton Contractors Pty Limited sought approval of the Leighton Contractors Pty Ltd Road Network Services Enterprise Agreement 2013 from the Fair Work Commission. The application for approval was brought by the employer, Leighton Contractors, who argued that the agreement contained terms and conditions that were necessary for the efficient operation of its business. The Australian Council of Trade Unions (ACTU) opposed the application, contending that certain provisions of the agreement were unfair and contrary to the principles of the Fair Work Act 2009.

The legal issues before the court were whether the provisions of the enterprise agreement were procedurally and substantively fair. Procedural fairness required that the agreement was negotiated in good faith, and that the employees had a reasonable opportunity to discuss and understand the terms. Substantive fairness involved assessing whether the terms and conditions of the agreement were fair and reasonable in all the circumstances, including the need for the employer to maintain a competitive and efficient business.

The Fair Work Commission found that the enterprise agreement was procedurally fair, as it was the result of good faith negotiations between the employer and the employees' representatives. The court also determined that the agreement was substantively fair, as it contained terms that were necessary for the efficient operation of the employer's business and did not undermine the employees' rights and protections under the Fair Work Act. The agreement was approved, and the court emphasised the importance of balancing the needs of both the employer and the employees in enterprise bargaining.

The final orders of the court were that the Leighton Contractors Pty Ltd Road Network Services Enterprise Agreement 2013 be approved, and that the agreement be registered with the Fair Work Commission. The court also ordered that the agreement would be in effect from the date of the decision and would remain in force until it was terminated or replaced by a new enterprise agreement.

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