DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lightforce Asset Pty Ltd T/A Erections WA
(AG2015/3178)

LIGHTFORCE ASSET PTY LTD T/A ERECTIONS WA ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JULY 2015

Application for approval of the LIGHTFORCE ASSET Pty Ltd t/a ERECTIONS WA Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the LIGHTFORCE ASSET Pty Ltd t/a ERECTIONS WA Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Lightforce Asset Pty Ltd T/A Erections WA. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] 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.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 1 July 2015 and, in accordance with s.54, will operate from 8 July 2015. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Fair Work Commission was called upon to decide whether to approve the LIGHTFORCE ASSET Pty Ltd t/a ERECTIONS WA Roy Hill AWU Greenfields Agreement 2015. This application arose due to a dispute between the applicant and the Australian Workers' Union (AWU), which represented the employees of the applicant. The AWU had raised concerns about the fairness and appropriateness of the proposed agreement, necessitating the Commission's intervention to ensure that the agreement met the standards set out in the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of section 232 of the Fair Work Act, which mandates that an enterprise agreement must be "fairly and appropriately" expressed, and section 228, which sets out the minimum standards that must be included in an enterprise agreement. Specifically, the AWU questioned whether the agreement sufficiently protected employees' rights and interests in terms of pay, conditions, and dispute resolution mechanisms.

In deliberating on the application, the Commission examined the contents of the proposed agreement in detail, considering both the submissions from the parties and the broader context of industrial relations law. The Commission found that while the agreement contained most of the required elements, certain provisions regarding pay rates and conditions did not adequately reflect the principles of fairness and appropriateness. After making appropriate adjustments to address these deficiencies, the Commission concluded that the amended agreement met the necessary legislative standards and approved it accordingly.

The final orders of the Commission mandated that the amended agreement be registered and become effective, subject to the terms and conditions outlined in the approved document. This decision underscores the importance of ensuring that enterprise agreements comply with the statutory requirements designed to protect the rights of employees while maintaining a fair balance between the interests of employers and workers.

Lightforce Asset Pty Ltd T/A Erections WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established