Lis-Con Civil Pty Ltd

[2021] FWCA 6510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lis-Con Civil Pty Ltd
(AG2021/7636)

LIS-CON CIVIL PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 2 NOVEMBER 2021

Application for approval of the Lis-Con Civil Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Lis-Con Civil Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lis-Con Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the date of this approval. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Lis-Con Civil Pty Ltd, an applicant, sought approval of an enterprise agreement made with its employees. The applicant argued that the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission heard the matter. The central issue was whether the agreement was a "registered agreement" under section 173 of the Act. This required the Commission to determine if the agreement had been fairly and properly made, and if it complied with the relevant provisions of the Act.

The Commission examined the process through which the agreement was formed, considering factors such as the participation of employees, the fairness of the negotiation process, and the content of the agreement. The applicant provided evidence demonstrating that the agreement was the result of good faith negotiations and that it had been properly presented to the employees for their consideration and approval. The Commission found that the agreement was made in compliance with the statutory requirements and did not contain any provisions that were contrary to public policy or contrary to the core entitlements provided by the National Employment Standards.

Consequently, the Commission approved the Lis-Con Civil Pty Ltd Enterprise Agreement 2021. The applicant's application was successful, and the agreement was registered under the Act. The Commission noted that the agreement would now provide the basis for the terms and conditions of employment for the relevant employees, subject to the provisions of the Act and any applicable awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established