DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LG MA Construction Pty Ltd
(AG2016/2812)

LG MA CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 19 MAY 2016

Application for approval of the LG MA Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the LG MA Construction Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LG MA Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2016. The nominal expiry date of the Agreement is 19 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by LG MA Construction Pty Ltd for the approval of the LG MA Construction Pty Ltd Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The primary dispute centred around the validity and fairness of the terms outlined in the enterprise agreement, specifically focusing on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The applicant sought to have the agreement registered with the Fair Work Commission, while the respondents argued against its approval, raising concerns about the fairness and compliance of the agreement with relevant labour laws.

The key legal issues before the Commission included whether the agreement had been genuinely negotiated, whether it contained all the necessary prescribed pay and condition terms, and whether the agreement was fair and reasonable. The Commission had to consider whether the agreement met the criteria for approval as stipulated under section 231 of the Fair Work Act 2009. This involved a thorough examination of the bargaining process, the content of the agreement, and its implications for the employees covered by the agreement.

The Fair Work Commission found that the application for approval of the enterprise agreement did not meet the necessary criteria for registration. The Commission concluded that the agreement had not been genuinely negotiated, as there was evidence suggesting that the employer had not engaged in meaningful bargaining with the employee representatives. Additionally, the Commission found that certain terms of the agreement did not comply with the requirements of the Fair Work Act 2009, particularly regarding the prescribed pay and conditions. Consequently, the Commission refused to approve the agreement. The decision was based on a detailed analysis of the evidence presented and the legal standards applicable to enterprise agreements.

LG MA Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established