[2017] FWCA 6196 [Note: This decision and the associated agreement has been quashed - refer to the Full Bench decision dated 28 June 2018 [2018] FWCFB 3825]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lightning Brick Pavers T/A Lightning Brick Pavers
(AG2017/2706)

LIGHTNING BRICK PAVERS ENTERPRISE AGREEMENT 2017 – 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 NOVEMBER 2017

Application for approval of the Lightning Brick Pavers Enterprise Agreement 2017 – 2021 - Agreement approved with undertakings.

[1] An application has been made for approval of an enterprise agreement known as the Lightning Brick Pavers Enterprise Agreement 2017 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lightning Brick Pavers T/A Lightning Brick Pavers (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the Applicant. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision at annexure A.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 23 November 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Lightning Brick Pavers Enterprise Agreement 2017-2021. The applicant, Lightning Brick Pavers, sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for workers within the company, aiming to standardise working conditions and address various employment-related issues.

The central legal issue for the Commission to resolve was whether the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. This involved assessing whether the agreement provided for the safety and welfare of employees, allowed for fair and timely resolution of workplace disputes, and did not unfairly disadvantage employees. The Commission also needed to consider whether the agreement provided for a direct and clear mechanism for the resolution of any future disputes that may arise.

After careful consideration of the submissions and evidence presented, the Commission determined that while the enterprise agreement generally met the legislative requirements, there were certain provisions that could potentially lead to unfair disadvantages for employees. The Commission approved the agreement but imposed specific undertakings to mitigate these potential disadvantages. These included amendments to particular clauses and additional mechanisms for dispute resolution to ensure that employees' rights were adequately protected. The Commission's decision balanced the need for standardised employment conditions with the imperative to protect employees' interests.

The final orders of the Commission included the approval of the Lightning Brick Pavers Enterprise Agreement 2017-2021, subject to the specified undertakings. These undertakings were aimed at ensuring that employees were not unfairly disadvantaged and that there were robust mechanisms in place for resolving any future disputes. The agreement was to be registered in accordance with the Fair Work Act, and the parties were directed to implement the required changes to the agreement.

Lightning Brick Pavers T/A Lightning Brick Pavers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established