DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lencon Constructions Pty Limited
(AG2018/413)

LENCON CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JUNE 2018

Application for approval of the Lencon Constructions Pty Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Lencon Constructions Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lencon Constructions Pty Limited. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 5 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Lencon Constructions Pty Limited, the Fair Work Commission was tasked with approving the Enterprise Agreement 2017-2020 between the company and its employees. The applicants, representing the employees, sought approval of the agreement while the respondent, the company, argued against it. The dispute centred on several terms of the agreement, particularly those relating to pay rates and conditions.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. Specifically, the Commission examined whether the agreement provided fair and reasonable terms, including adequate wage rates and working conditions, and if it adhered to the principles of enterprise bargaining as stipulated in the Fair Work Act 2009. The Commission also considered the impact of the agreement on the employees' overall remuneration package and the fairness of the proposed terms.

The Commission found that the agreement contained terms that were fair and reasonable, and it met the statutory requirements under the Fair Work Act. It determined that the agreement provided for adequate wage rates and working conditions, taking into account the specific circumstances of the industry and the parties involved. The Commission concluded that the agreement was in the best interests of the employees, as it offered a balanced and equitable set of terms. Therefore, the Commission approved the Enterprise Agreement 2017-2020.

The Commission's decision was based on the comprehensive evidence presented, which demonstrated that the agreement was the product of genuine enterprise bargaining and that it addressed the needs and interests of both the employees and the employer. The approval of the agreement ensures that the terms of employment are clearly defined and that the parties have a stable framework for their ongoing relationship. The Commission's decision provides certainty for both the employees and the employer, allowing them to operate under a mutually agreed set of terms.

Lencon Constructions Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established