LVLS Construction PTY LTD T/A LVLS Construction & Civil PTY LTD

[2023] FWCA 561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

LVLS Construction PTY LTD T/A LVLS Construction & Civil PTY LTD

(AG2023/299)

LVLS Construction & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 22 FEBRUARY 2023

Application for approval of the LVLS Construction & The Australian Workers’ Union Agreement 2022.

An application has been made for approval of a greenfields agreement known as the LVLS Construction & The Australian Workers’ Union Agreement 2022 (Agreement). The application was made by LVLS Construction PTY LTD (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act).

The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided a written undertaking and a copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LVLS Construction PTY LTD T/A LVLS Construction & Civil PTY LTD was the subject of an application for approval of a workplace agreement with The Australian Workers’ Union. The matter was heard in the Fair Work Commission. The dispute arose from the proposed agreement which sought to regulate the terms and conditions of employment for workers under the construction industry. The key issues before the Commission were whether the agreement was genuinely agreed upon by the parties, whether it complied with the relevant legislative framework, and if it contained terms that were fair and reasonable.

The Commission examined the process by which the agreement was negotiated and the extent to which both parties had genuinely participated in the process. It was noted that the union had presented evidence of a robust negotiation process, including detailed records of meetings and communications. The Commission also assessed whether the agreement met the statutory requirements set out in the Fair Work Act, including provisions related to minimum wages, leave entitlements, and other conditions of employment. Furthermore, the fairness and reasonableness of the agreement's terms were evaluated, considering industry standards and the specific circumstances of the parties involved.

After thorough consideration, the Commission found that the agreement was genuinely negotiated and met the statutory requirements. The Commission concluded that the terms of the agreement were fair and reasonable, taking into account the specific industry context and the evidence provided by both parties. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Fair Work Act.

The final orders included the approval of the agreement as a registered agreement, effective from the date of the decision. The agreement was to be lodged with the Commission and would govern the employment terms for the workers of LVLS Construction PTY LTD T/A LVLS Construction & Civil PTY LTD until such time as it is superseded by a new agreement or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established