LMR Aust Pty Ltd T/A LMR Roofing

[2024] FWCA 2014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LMR Aust Pty Ltd T/A LMR Roofing

(AG2024/1653)

LMR AUST PTY LTD ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 31 MAY 2024

Application for approval of the LMR Aust Pty Ltd Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the LMR Aust Pty Ltd Enterprise Agreement 2024 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by LMR Aust Pty Ltd T/A LMR Roofing. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

The Agreement was approved on 31 May 2024 and, in accordance with s.54, will operate from 6 June 2024. The nominal expiry date of the Agreement at clause 3.1.2 is 31 May 2028.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of LMR Aust Pty Ltd T/A LMR Roofing, the Fair Work Commission was asked to approve an enterprise agreement between the company and its employees for the period 2024 to 2028. The application for approval was brought under the Fair Work Act 2009. The applicant, LMR Aust Pty Ltd, sought to finalise the terms of employment for its workforce, addressing various aspects such as wages, conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act. This included ensuring that the agreement met the criteria for being a low-paid industry agreement, the need for genuine bargaining, and whether the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was in the interests of the employees and the broader public interest.

After reviewing the submissions and evidence presented by both the applicant and the relevant unions, the Commission determined that the proposed enterprise agreement met the statutory requirements. The agreement was found to be the product of genuine bargaining, and it provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement was in the interests of the employees and the broader public interest. Consequently, the Commission approved the LMR Aust Pty Ltd Enterprise Agreement 2024 - 2028, bringing the terms of employment into effect from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established