DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lynnhurst Pty Ltd T/A Arthur Contracting
(AG2018/3281)

LYNNHURST PTY LTD TRADING AS ARTHUR CONTRACTING ENTERPRISE AGREEMENT 2018-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the Lynnhurst Pty Ltd Trading as Arthur Contracting Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Lynnhurst Pty Ltd Trading as Arthur Contracting Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lynnhurst Pty Ltd T/A Arthur Contracting. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lynnhurst Pty Ltd Trading as Arthur Contracting applied to the Fair Work Commission for approval of an enterprise agreement. The applicant sought approval under section 233 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the provisions of the proposed enterprise agreement concerning the classification and remuneration of employees, as well as other employment terms and conditions. The legal issues before the Fair Work Commission included whether the proposed agreement met the requirements for "better off overall and in the round" as stipulated by section 235 of the Fair Work Act 2009, and whether the agreement contained any unfair provisions that would render it unsuitable for approval. The Commission evaluated the application against the statutory criteria, considering the overall benefits to employees and ensuring there were no provisions that were unfair. The Commission also assessed whether the agreement had been fairly negotiated and whether it complied with all relevant provisions of the Fair Work Act 2009.

In its decision, the Commission noted that the proposed agreement provided for improved wages and conditions for the employees, aligning them more closely with industry standards. The Commission found that the agreement met the "better off overall and in the round" test, as the employees would experience significant improvements in their remuneration and conditions. Additionally, the Commission was satisfied that the agreement did not contain any unfair provisions and had been negotiated in good faith. The Commission concluded that the proposed enterprise agreement was fair and suitable for approval. The application was subsequently approved under section 233 of the Fair Work Act 2009.

Lynnhurst Pty Ltd T/A Arthur Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established