DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lightforce Asset Pty Ltd T/A Erections WA
(AG2017/5948)

ERECTIONS (WA) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2018

Application for approval of the Erections (WA) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Erections (WA) 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 Lightforce Asset Pty Ltd T/A Erections WA. 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 17 January 2018. The nominal expiry date of the Agreement is 9 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lightforce Asset Pty Ltd trading as Erections WA, sought approval for the Erections (WA) Enterprise Agreement 2017. The dispute involved the validity and fairness of the agreement between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements.

The central legal issues before the court were whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009, and whether it was fair and reasonable in terms of the provisions it contained. Specifically, the court needed to determine if the agreement met the procedural fairness requirements, including adequate consultation and negotiation processes, and substantive fairness, evaluating the terms and conditions of employment outlined in the agreement.

The Fair Work Commission found that the agreement was procedurally sound, as the applicant had engaged in good faith negotiations with the union and provided sufficient information to the employees. The court also concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the parties' bargaining positions. The Commission noted that the agreement provided for a reasonable balance between the interests of the employer and the employees, addressing key aspects such as wages, working conditions, and dispute resolution mechanisms.

Consequently, the Fair Work Commission approved the Erections (WA) Enterprise Agreement 2017, affirming its compliance with the relevant statutory provisions and its fairness. The decision underscores the importance of adherence to procedural and substantive fairness standards in the formation and approval of enterprise agreements under the Fair Work Act.

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