Leighton Contractors Pty Ltd

[2014] FWCA 6773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leighton Contractors Pty Ltd
(AG2014/7584)

LEIGHTON DURALIE ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 SEPTEMBER 2014

Application for approval of the Leighton Duralie Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Leighton Duralie Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Construction, Forestry, Mining & Energy Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 6 October 2014. The nominal expiry date of the Agreement is 3 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Leighton Contractors Pty Ltd, sought approval of the Leighton Duralie Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose from the negotiation and implementation of the enterprise agreement which was intended to govern the employment terms of certain employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees involved.

The primary legal issues centred on whether the agreement was made in good faith, whether it provided fair terms and conditions for the employees, and whether the process leading to the agreement's creation was compliant with the relevant statutory provisions. Additionally, the court had to consider whether the agreement included all mandatory provisions required by the Act and whether it had been properly certified by the relevant independent body.

The Fair Work Commission found that the agreement was made in good faith and that it contained fair terms and conditions for the employees. The Commission determined that the process by which the agreement was negotiated and implemented was compliant with the statutory requirements. It also concluded that all mandatory provisions had been included in the agreement and that it had been appropriately certified. Therefore, the Commission approved the Leighton Duralie Enterprise Agreement 2014.

The Commission issued an order approving the Leighton Duralie Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms of the specified employees as intended, subject to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established