DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liscon People Pty Ltd
(AG2019/1581)

LISCON PEOPLE PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Liscon People PTY LTD & The Australian Workers’ Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Liscon People PTY LTD & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liscon People 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.

[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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Liscon People Pty Ltd, an applicant, sought approval of an enterprise agreement with The Australian Workers’ Union. The agreement in question was the Liscon People PTY LTD & The Australian Workers’ Union Agreement 2019. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it contained any provisions that contravened the Act's provisions.

The primary legal issues before the Commission were whether the agreement was a "genuine" enterprise agreement as defined by the Fair Work Act 2009 and if it complied with the procedural requirements set out in the Act. Specifically, the Commission had to determine if the agreement was made in good faith and without coercion and whether it contained provisions that were contrary to the Act or in breach of any other relevant legislation.

The Commission examined the evidence provided by both parties and reviewed the agreement's contents. It found that the agreement was made in good faith, without coercion, and that it contained no provisions that were contrary to the Act. The Commission was satisfied that all procedural requirements under the Act had been met and that the agreement was a genuine enterprise agreement. Accordingly, the Commission approved the Liscon People PTY LTD & The Australian Workers’ Union Agreement 2019.

Liscon People 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