DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liberty Ind Pty Ltd
(AG2016/2359)

LIBERTY INDUSTRIAL NATIONAL ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2016

Application for approval of the Liberty Industrial National Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Industrial National Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liberty Ind 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2016. The nominal expiry date of the Agreement is 3 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Liberty Industrial National Pty Ltd sought approval of the Liberty Industrial National Enterprise Agreement 2015 - 2019. The application was made to the Fair Work Commission, which exercises jurisdiction under the Fair Work Act 2009. The applicant argued that the agreement met the requirements for approval, including being a "single, clear and comprehensible" document and containing all necessary information, as well as meeting the "better off overall test".

The legal issues before the Commission included whether the agreement was a single, clear, and comprehensible document and if it contained all the required information. Additionally, the Commission had to determine if the agreement met the "better off overall test", which requires that the agreement be at least as good as the relevant award or safety net in all respects. The applicant argued that the agreement was clear and comprehensive, and contained all necessary information, while the respondent argued that the agreement was unclear and did not meet the requirements of the Act.

The Commission found that the agreement was a single, clear, and comprehensible document, and contained all the necessary information. The Commission also found that the agreement met the "better off overall test" and was at least as good as the relevant award or safety net in all respects. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties.

The Fair Work Commission approved the Liberty Industrial National Enterprise Agreement 2015 - 2019, finding that it met the requirements of the Fair Work Act 2009. The Commission found that the agreement was clear and comprehensive, contained all necessary information, and met the "better off overall test". The approval of the agreement will provide certainty and stability for both the employer and employees in the relevant industry.

Liberty Ind 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