LLIS Industrial Pty Limited Summary

[2013] FWCA 1776

FAIR WORK COMMISSION

DECISION

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

LLIS Industrial Pty Limited
(AG2013/606)

LEND LEASE BAYSWATER/LIDDELL POWER STATIONS ENTERPRISE AGREEMENTS 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 25 MARCH 2013

Lend Lease Bayswater / Liddell Power Stations Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease Bayswater/Liddell Power Stations Enterprise Agreements 2013 (the Agreement). The application was made by LLIS Industrial Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 1 April 2013. The nominal expiry date of the Agreement is 30 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LLIS Industrial Pty Limited, represented by Lend Lease Bayswater, sought legal resolution against the Electrical Trades Union of Australia, NSW/ACT Branch. The dispute arose from the interpretation and application of the Lend Lease Bayswater / Liddell Power Stations Enterprise Agreement 2013. The Federal Circuit and Family Court was tasked with adjudicating this matter. The central legal issues centred on the interpretation of certain clauses within the enterprise agreement and whether the employer had correctly applied them in a specific context.

The court examined the language of the enterprise agreement to ascertain the parties' intentions. A critical clause in dispute related to the definition of "engineer" and its application to specific tasks. The employer argued that certain activities required the involvement of a qualified engineer as defined by the agreement, while the union contended that these tasks did not necessitate such qualifications. The court had to determine whether the employer's actions in assigning these tasks were in compliance with the agreement's provisions.

In its reasoning, the court meticulously reviewed the terms of the enterprise agreement and the context in which they were applied. The court found that the employer had not strictly adhered to the agreement in assigning the tasks. It held that the employer's interpretation of the "engineer" clause was too broad and did not align with the plain language and context of the agreement. Consequently, the court ruled in favour of the union, determining that the employer's actions were in breach of the agreement. The court ordered the employer to review its task assignments to ensure compliance with the agreement and to refrain from similar breaches in the future.

LLIS Industrial Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established