L.A.N.E.C. Services Pty Limited

[2022] FWCA 1061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

L.A.N.E.C. Services Pty Limited

(AG2022/667)

L.A.N.E.C. Services Pty. Limited. ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2022

Application for approval of the L.A.N.E.C. Services Pty. Limited. ETU Enterprise Agreement 2021 – 2025

L.A.N.E.C. Services Pty Limited has made an application for approval of an enterprise agreement known as the L.A.N.E.C. Services Pty. Limited. ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 25 March 2022 and, in accordance with s 54, will operate from 1 April 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved L.A.N.E.C. Services Pty Limited, an employer, and its employees, who were represented by a union. The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between the employer and the employees, as specified in the L.A.N.E.C. Services Pty. Limited ETU Enterprise Agreement 2021 – 2025. The dispute centred around whether the agreement met the necessary legal standards for approval, particularly whether it complied with the provisions of the Fair Work Act 2009.

The court had to decide whether the enterprise agreement contained all the required provisions and whether it complied with the minimum standards set out in the Fair Work Act. The primary concern was whether the agreement fairly reflected the balance of power between the employer and the employees, and whether it included all mandated terms and conditions of employment. Additionally, the court needed to assess whether the agreement had been negotiated in good faith and whether it provided for a fair and reasonable resolution of disputes.

In its decision, the Fair Work Commission found that the L.A.N.E.C. Services Pty. Limited ETU Enterprise Agreement 2021 – 2025 did indeed meet all the necessary requirements for approval. The agreement was deemed to be fair and reasonable, as it reflected a balance of power between the employer and employees and included all mandated terms and conditions. Furthermore, the Commission determined that the agreement had been negotiated in good faith and provided for a fair resolution of disputes. Consequently, the court approved the enterprise agreement as compliant with the Fair Work Act.

The final orders of the Commission were that the L.A.N.E.C. Services Pty. Limited ETU Enterprise Agreement 2021 – 2025 be approved, and it would come into effect on the date of the decision. The agreement would then apply to the employees of L.A.N.E.C. Services Pty Limited for the period of 2021 to 2025, governing their terms and conditions of employment. The decision was made in the interest of promoting a fair and balanced relationship between the employer and employees, while also ensuring compliance 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