LMR (Aust) Pty Ltd T/A LMR Roofing

Case [2015] FWCA 4982


[2015] FWCA 4982
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LMR (Aust) Pty Ltd T/A LMR Roofing
(AG2015/1452)

LMR (AUST) PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER RIORDAN

SYDNEY, 22 JULY 2015

Application for approval of the LMR (Aust) Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known asthe LMR (Aust) Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LMR (Aust) Pty Ltd t/a LMR Roofing (the Applicant). 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 relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 22 July 2019.

COMMISSIONER

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Details
AGLC
LMR (Aust) Pty Ltd T/A LMR Roofing [2015] FWCA 4982
Case
[2015] FWCA 4982
Decision Date

CaseChat Overview and Summary

The parties in this case were LMR (Aust) Pty Ltd trading as LMR Roofing, represented by their employee representatives, and various employers. The dispute was regarding the application for approval of the LMR (Aust) Pty Ltd Enterprise Agreement 2015-2019. The case was heard in the Fair Work Commission. The Fair Work Commission is an independent statutory body responsible for resolving workplace disputes and ensuring compliance with Australian workplace laws.

The legal issues the court was required to decide were whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement was made in good faith and whether it complied with the provisions for minimum entitlements. The court also needed to determine if the agreement was free from any unlawful content and if it was in the best interest of the employees.

The court's reasoning and outcome were based on the evidence presented by both parties and the provisions of the Fair Work Act 2009. The court found that the enterprise agreement was made in good faith and complied with the minimum entitlements provisions. The agreement was also found to be free from any unlawful content. Therefore, the court approved the enterprise agreement, finding that it was in the best interest of the employees. The final orders included the approval of the LMR (Aust) Pty Ltd Enterprise Agreement 2015-2019.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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