Lightning Brick Pavers Pty Ltd Summary

[2013] FWCA 7150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lightning Brick Pavers Pty Ltd
(AG2013/8643)

LIGHTNING BRICK PAVERS ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for approval of the Lightning Brick Pavers Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lightning Brick Pavers Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Lightning Brick Pavers Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of the Lightning Brick Pavers Enterprise Agreement 2013-2017. The dispute arose from a disagreement over the terms and conditions of employment for the employees covered by the agreement. The nature of the disagreement was primarily focused on the procedural fairness of the agreement-making process and the fairness of certain terms within the agreement itself.

The legal issues before the court centred around the procedural fairness of the agreement-making process and the fairness of specific terms within the agreement. The applicant argued that the agreement was made in a fair and reasonable manner, with adequate consultation and participation of the employees. The respondents, however, contended that the process was flawed and that certain terms of the agreement were unfair and did not meet the standards of the Fair Work Act 2009.

In its decision, the court examined the process by which the agreement was made and found that it was conducted in a fair and reasonable manner. The court noted that the applicant had taken steps to ensure that the employees were adequately consulted and had the opportunity to participate in the agreement-making process. The court also found that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the needs of the parties. The court concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the Lightning Brick Pavers Enterprise Agreement 2013-2017.

The final orders of the court included the approval of the Lightning Brick Pavers Enterprise Agreement 2013-2017, with the terms and conditions outlined in the agreement to be applied to the employees covered by the agreement. The court also ordered that the applicant take certain steps to ensure ongoing communication and consultation with the employees regarding the operation and effect of the agreement.

Lightning Brick Pavers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established