DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linrich Group Pty Ltd
(AG2015/7666)

LINRICH GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JANUARY 2016

Application for approval of the Linrich Group Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Linrich Group Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linrich Group Pty Ltd. 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. 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 6 January 2016 and, in accordance with s.54, will operate from 13 January 2016. The nominal expiry date of the Agreement is 6 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linrich Group Pty Ltd recently sought approval for the Enterprise Agreement 2015, with the Fair Work Commission (FWC) being the designated court. The application centred around the proposed agreement between Linrich Group Pty Ltd and its employees, specifically the changes in employment conditions it introduced. The dispute primarily revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, including the need for the agreement to provide for a fair and efficient workplace while ensuring the employees' rights and interests were protected.

The central legal issues before the FWC were whether the Enterprise Agreement 2015 complied with the mandatory requirements of the Fair Work Act 2009. This included scrutinising whether the agreement provided for a fair and efficient workplace, ensuring no undue detriment to employees, and verifying that the agreement was free from any discriminatory provisions. Additionally, the FWC examined whether the agreement had been genuinely negotiated between the employer and the employees, as required by the Act.

In reaching its decision, the FWC considered the evidence presented by both parties and analysed the terms of the proposed agreement against the statutory criteria. The FWC found that the agreement did indeed provide for a fair and efficient workplace and that it was free from any discriminatory provisions. The commission also determined that the agreement had been genuinely negotiated between the parties. Given these findings, the FWC approved the Enterprise Agreement 2015, noting that it met the necessary requirements under the Fair Work Act 2009.

The final orders of the FWC were to approve the Enterprise Agreement 2015, with the agreement to be registered and in effect from the date of the decision. This approval ensures that the terms of the agreement are legally binding on the parties and that the employment conditions outlined therein are enforceable. The decision underscores the FWC's role in ensuring that enterprise agreements adhere to statutory standards while also protecting the rights of employees.

Linrich Group 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