DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liberty Builders Pty Ltd T/A Liberty Builders
(AG2017/3391)

LIBERTY BUILDERS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Liberty Builders Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Builders Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liberty Builders Pty Ltd T/A Liberty Builders. 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 and, in accordance with s.54 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 23 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Liberty Builders Pty Ltd, trading as Liberty Builders, brought an application for the approval of the Enterprise Agreement 2017. The agreement was to be registered with the Fair Work Commission under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia. The dispute centred on whether the agreement met the requirements for approval under the Act, particularly focusing on the process by which the agreement was made and whether it involved genuine bargaining.

The primary legal issue before the court was whether the Enterprise Agreement 2017 was made in accordance with the requirements set out in the Fair Work Act 2009. This involved examining the process of bargaining, ensuring that the agreement was made free from any undue influence or coercion, and verifying that the agreement contained the necessary prescribed pay and conditions. The court had to determine if the agreement was genuinely negotiated between the employer and the employees and if it complied with the procedural fairness standards.

The court examined the evidence presented regarding the negotiation process and concluded that the Enterprise Agreement 2017 was indeed made through genuine bargaining. The court found that the agreement contained all the prescribed pay and conditions and that there was no evidence of coercion or undue influence in the negotiation process. The court was satisfied that the agreement met all statutory requirements for approval and thus granted the application for registration.

The final orders of the court were that the Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. This decision allows the agreement to have legal effect and be binding on the parties involved, providing clarity and certainty in the employment relationship governed by the agreement.

Liberty Builders Pty Ltd T/A Liberty Builders

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established