DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LMR Aust Pty Ltd T/A LMR Roofing
(AG2019/4086)

LMR AUST PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 NOVEMBER 2019

Application for approval of the LMR Aust Pty Ltd Enterprise Agreement 2019-2023.

[1] LMR Aust Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the LMR Aust Pty Ltd Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[3] I observe that clause 12.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 7 November 2019 and, in accordance with s 54, will operate from 14 November 2019. The nominal expiry date of the Agreement is 7 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, LMR Aust Pty Ltd trading as LMR Roofing, sought approval of the LMR Aust Pty Ltd Enterprise Agreement 2019-2023. The application was made under section 234 of the Fair Work Act 2009. The applicant's enterprise agreement was submitted for approval as a simple, low-paid, low-paid, and safety net enterprise agreement. The dispute primarily revolved around whether the proposed agreement met the legal requirements for approval and whether it complied with the Fair Work Act.

The primary legal issue before the court was whether the proposed enterprise agreement was in the public interest and met the necessary criteria for approval. The court needed to consider the fairness test, which requires that the agreement be assessed to determine whether it is in the best interests of the employees, and whether the agreement provided adequate protections for the employees. The court also needed to determine whether the agreement was consistent with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Additionally, the court had to assess whether the agreement provided appropriate protections for employees' wages, conditions, and entitlements.

After reviewing the application, the Fair Work Commission found that the proposed enterprise agreement met the legal requirements for approval. The Commission determined that the agreement provided adequate protections for the employees and was in their best interests. The agreement was consistent with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission was satisfied that the agreement provided appropriate protections for employees' wages, conditions, and entitlements. Consequently, the Commission approved the LMR Aust Pty Ltd Enterprise Agreement 2019-2023, and the applicant's application was successful.

As a result of the decision, the LMR Aust Pty Ltd Enterprise Agreement 2019-2023 was approved and will now govern the employment conditions of the employees covered by the agreement. The agreement will be in effect from 1 April 2019 until 31 March 2023. The approval of the agreement ensures that the employees will continue to receive the protections and entitlements provided for in the agreement.

LMR Aust Pty Ltd T/A LMR Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established