DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2016/2208)

LIS-CON SERVICES (SA) 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 (SA) 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 (SA) 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 (AWU) sought approval of the Lis-Con Services (SA) Pty Ltd / AWU Civil Construction Greenfields Agreement 2015 from the Fair Work Commission. The application was opposed by Lis-Con Services (SA) Pty Ltd. The dispute involved the terms and conditions of employment within the civil construction industry, specifically focusing on the agreement’s compliance with the Fair Work Act 2009 and its fairness and appropriateness for the workforce.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 234 of the Act. This involved examining whether the agreement provided for a fair and efficient workplace, whether it contained appropriate dispute resolution mechanisms, and whether it adequately balanced the interests of both employers and employees. The Commission also had to determine whether the agreement was made in good faith and whether it provided for a minimum rate of pay and conditions that were no less favourable than those provided for in the relevant modern award.

The Commission found that the agreement contained appropriate provisions for a fair and efficient workplace, including a dispute resolution mechanism that was consistent with the Act. The agreement provided for a minimum rate of pay and conditions that were at least as favourable as those in the Civil Construction Industry Award 2010. The Commission was satisfied that the agreement was made in good faith and that it balanced the interests of both parties. The Commission also noted the involvement of a qualified and independent facilitator in the negotiation process, which contributed to the fairness of the agreement. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Lis-Con Services (SA) Pty Ltd / AWU Civil Construction Greenfields Agreement 2015, determining that it met the criteria for approval under section 234 of the Fair Work Act 2009. The agreement was registered on the Register of Approved Agreements, effective from 1 July 2015.

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