DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P & J I Leitner Constructions Pty Ltd
(AG2014/9889)

LEITNER CONSTRUCTIONS ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Leitner Constructions Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Leitner Constructions Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P & J I Leitner Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from P & J I Leitner Constructions Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 30 September 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent decision of P & J I Leitner Constructions Pty Ltd, the Fair Work Commission considered an application for the approval of the Leitner Constructions Enterprise Agreement 2014-2018. The applicant, P & J I Leitner Constructions Pty Ltd, sought to have the agreement, which was intended to cover the employees within their business, approved under the Fair Work Act 2009. The dispute arose from the negotiation process and the resultant agreement, which the applicant claimed adequately represented the interests of the employees, while a number of dissenting voices argued that the agreement did not fairly reflect the needs of the workforce.

The primary legal issues before the commission were whether the agreement had been made in good faith, whether the agreement fairly represented the interests of the employees, and whether the agreement complied with the requirements of the Fair Work Act. These questions centred on the process by which the agreement was negotiated, the content of the agreement itself, and whether the agreement met the statutory criteria for approval. The commission had to carefully consider the evidence and submissions from both the applicant and the objectors to determine whether the agreement should be approved.

In delivering its decision, the commission emphasised the importance of good faith in the negotiation process and the necessity for the agreement to be reflective of the true interests of the employees. The commission found that the applicant had acted in good faith throughout the negotiation process and that the agreement did indeed fairly represent the interests of the employees. The commission also confirmed that the agreement complied with all statutory requirements and met the criteria for approval under the Fair Work Act. Consequently, the application for approval of the Leitner Constructions Enterprise Agreement 2014-2018 was granted.

The final orders of the commission included the approval of the agreement, subject to specific conditions aimed at ensuring ongoing compliance with the Fair Work Act. These conditions required the applicant to provide regular reports on the implementation of the agreement and to engage in further consultation with the employees to address any issues that may arise during the life of the agreement. The approval of the agreement was a significant outcome for the applicant, as it provided a framework for the fair treatment of employees within their business.

P & J I Leitner Constructions Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established