DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LP&E Construction Pty Ltd
(AG2018/5668)

LP&E CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 APRIL 2019

Application for approval of the LP&E Construction Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the LP&E Construction Pty Ltd Enterprise Agreement 2018-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by LP&E Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 7 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LP&E Construction Pty Ltd applied to the Fair Work Commission for approval of the LP&E Construction Pty Ltd Enterprise Agreement 2018-2022. The application was opposed by the Building and Construction General On-Site Workers Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the Electrical Trades Union of Australia. The dispute centred around the terms of the proposed enterprise agreement, with the unions contending that the agreement did not comply with certain legal standards and provisions.

The primary legal issues before the commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it contained terms that were fair and reasonable in all respects. The unions argued that the agreement failed to provide adequate protections for employees, particularly concerning pay rates, working conditions, and dispute resolution mechanisms. The commission had to determine if the agreement's terms were sufficiently fair and reasonable and if they complied with the relevant statutory provisions.

The Fair Work Commission found that the proposed agreement did not meet the statutory requirements for approval. The commission highlighted several deficiencies, including inadequate provisions for casual employees, insufficient protections for penalty rates, and unclear processes for resolving disputes. The commission concluded that the agreement did not provide the necessary protections for employees and failed to meet the standards of fairness and reasonableness required by the Fair Work Act. Consequently, the application for approval was dismissed.

No further orders were made by the commission. The agreement remains inoperative, and the parties are at liberty to negotiate a revised agreement that addresses the commission's concerns.

LP&E Construction 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