DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Long Contracting Pty Ltd as Corporate Manager for the Partnership of Jonathan Long Pty Ltd ATF the Jonathan Long Business Trust and Richard Long Pty Ltd ATF the Richard Long Business Trust T/A Long Contracting Pty Ltd
(AG2017/4292)

LONG CONTRACTING ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Long Contracting Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Long Contracting Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Long Contracting Pty Ltd as Corporate Manager for the Partnership of Jonathan Long Pty Ltd ATF the Jonathan Long Business Trust and Richard Long Pty Ltd ATF the Richard Long Business Trust T/A Long Contracting Pty Ltd who is a single interest employer. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 21 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Long Contracting Pty Ltd, acting as the corporate manager for the partnerships of Jonathan Long Pty Ltd and Richard Long Pty Ltd, applied for the approval of the Long Contracting Enterprise Agreement 2017. The application was made under the Fair Work Act 2009 and brought before the Fair Work Commission. The nature of the dispute centred on whether the proposed enterprise agreement met the requirements for approval, including being fair and reasonable, and whether it appropriately balanced the interests of the employer and the employees.

The legal issues before the court included the interpretation of the relevant sections of the Fair Work Act, specifically those related to the fairness and reasonableness of the agreement. The court had to consider the agreement's compliance with the Act's requirements, including whether it provided for appropriate terms and conditions of employment and whether it adequately protected the interests of the employees. Furthermore, the court examined whether the agreement was made in good faith and whether it provided for fair and reasonable terms that did not unduly favour one party over the other.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission considered the balance of the agreement, the negotiation process, and the protections it provided for employees. The Commission noted that the agreement addressed key terms and conditions of employment in a manner that was equitable and that it included mechanisms for resolving disputes. The Commission concluded that the agreement appropriately balanced the interests of the employer and the employees, and it approved the application for the agreement's registration.

Consequently, the Fair Work Commission approved the Long Contracting Enterprise Agreement 2017, making it a legally binding document between the employer and the employees. This decision ensures that the terms and conditions outlined in the agreement are enforceable and that both parties are bound by its provisions. The approval of the agreement marks the end of this particular dispute, although the agreement will continue to be in effect and subject to ongoing compliance and enforcement by the Fair Work Commission.

Long Contracting Pty Ltd as Corporate Manager for the Partnership of Jonathan Long Pty Ltd ATF the Jonathan Long Business Trust and Richard Long Pty Ltd ATF the Richard Long Business Trust T/A Long Contracting 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