DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linkforce Projects Pty Ltd
(AG2016/1567)

LINKFORCE PROJECTS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 JULY 2016

Application for approval of the Linkforce Projects Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Linkforce Projects Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linkforce Projects 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 5 July 2016 and, in accordance with s.54, will operate from 12 July 2016. The nominal expiry date of the Agreement is 5 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Linkforce Projects Pty Ltd, an applicant seeking approval for their 2016 Enterprise Agreement. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around specific provisions of the agreement that were being contested by various parties, including employees' representatives and other stakeholders.

The primary legal issues before the Commission were whether the agreement appropriately balanced the interests of the employees and the employer, adhered to the statutory requirements, and provided a fair and efficient resolution of workplace issues. The Commission needed to ensure that the agreement was made in good faith, provided for the efficient determination of workplace matters, and did not undermine the protection afforded by the safety net of minimum entitlements. Furthermore, the court had to assess whether the agreement facilitated productivity and economic prosperity by allowing for flexible and efficient workplace practices.

The Commission carefully examined the provisions of the Enterprise Agreement, considering submissions from both sides. It found that the agreement was made in good faith and met the statutory criteria for approval. The Commission concluded that the agreement was fair and efficient, balancing the interests of both the employer and the employees. It also determined that the agreement did not undermine the safety net of minimum entitlements and provided for an effective resolution of workplace issues. Consequently, the Commission approved the Enterprise Agreement, confirming that it met all necessary legal requirements. The final order was that the Linkforce Projects Pty Ltd Enterprise Agreement 2016 be approved as per the Commission’s decision.

Linkforce Projects 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