Lewis Reinforcement Pty Ltd Summary

[2013] FWCA 2202

FAIR WORK COMMISSION

DECISION

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

Lewis Reinforcement Pty Ltd
(AG2013/599)

LEWIS REINFORCEMENT PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the Lewis Reinforcement Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Lewis Reinforcement Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Lewis Reinforcement 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 is approved. In accordance with s.54(1) it will operate from 19 April 2013. The nominal expiry date of the agreement is 11 April 2017.

COMMISSIONER

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The applicant, Lewis Reinforcement Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was intended to cover its employees who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The respondents were the CFMEU and a number of individual employees who objected to the proposed agreement. The dispute was heard by the Fair Work Commission, an Australian federal statutory tribunal with the authority to resolve workplace disputes and approve enterprise agreements.

The legal issues before the Commission included whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was made in good faith and whether it provided for the proper operation of the enterprise. The Commission also had to consider whether the agreement provided for genuine bargaining between the parties, whether it provided for genuine employee and employer participation in the bargaining process, and whether it provided for the proper protection of employees' rights and interests.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission found that the agreement was made in good faith and provided for the proper operation of the enterprise. The Commission found that there was genuine bargaining between the parties and that the agreement provided for genuine employee and employer participation in the bargaining process. The Commission also found that the agreement provided for the proper protection of employees' rights and interests. The Commission approved the proposed agreement, subject to certain modifications to address the concerns of the respondents.

The Fair Work Commission approved the proposed enterprise agreement, subject to modifications. The modifications included changes to the agreement's provisions on pay rates and conditions, including the introduction of a new classification for apprentices, and changes to the agreement's provisions on dispute resolution. The Commission noted that the modifications were minor and did not materially affect the overall terms and conditions of employment. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees.

Lewis Reinforcement Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established