DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2016/2209)

LIS-CON SERVICES (NSW) PTY LTD / AWU CIVIL CONSTRUCTION GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2016

Application for approval of the Lis-Con Services (NSW) Pty Ltd / AWU Civil Construction Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Lis-Con Services (NSW) Pty Ltd / AWU Civil Construction Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.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 is 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.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 February 2016. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union lodged an application with the Fair Work Commission for the approval of the Lis-Con Services (NSW) Pty Ltd / AWU Civil Construction Greenfields Agreement 2015. The applicant union argued that the agreement was appropriate for registration under the Fair Work Act 2009. The employer contested the application, submitting that the agreement contained unfair provisions and that it was not appropriately registered.

The legal issues before the court involved whether the agreement was genuinely bargained for, whether it contained unfair provisions, and whether the requirements for approval of the agreement had been met. The court considered the nature of the agreement, the bargaining process, and the provisions of the Fair Work Act. It also considered the evidence presented by both parties.

The court found that the agreement had been genuinely bargained for and that it did not contain any unfair provisions. The court also found that the requirements for approval of the agreement had been met. The court approved the agreement and made orders accordingly.

The Fair Work Commission approved the Lis-Con Services (NSW) Pty Ltd / AWU Civil Construction Greenfields Agreement 2015 and registered it under the Fair Work Act 2009. The employer was ordered to give the agreement to each of its employees to whom the agreement applied. The agreement was to commence on the first day of the month following the registration of the agreement and to continue in force for a period of four years.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established