L J Services Pty Ltd

[2022] FWCA 3017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

L J Services Pty Ltd

(AG2022/3497)

LJ Services Pty Ltd Enterprise Agreement 2022 - 2026

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 AUGUST 2022

Application for approval of the LJ Services Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made by L J Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the LJ Services Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicants L J Services Pty Ltd sought approval of an enterprise agreement with their employees. The application was made under the Fair Work Act 2009, specifically section 234, which allows for the approval of enterprise agreements. The Commission was required to determine whether the agreement met the necessary criteria for approval, including the requirement that it be "barely distinguishable" from a registered agreement and that it did not contravene any "better off overall test" provisions.

The legal issues before the Commission were primarily whether the proposed agreement complied with the statutory requirements and whether it met the necessary standards for approval. This involved assessing the agreement's terms, including those relating to pay rates, conditions of employment, and other relevant provisions, against the criteria set out in the Fair Work Act and associated regulations. The Commission also had to consider whether the agreement was genuinely negotiated and whether it provided for a "better off overall test" for employees.

The Commission found that the proposed agreement met all necessary criteria for approval. It was "barely distinguishable" from a registered agreement, and it did not contravene any provisions relating to the "better off overall test." The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it provided fair and reasonable terms and conditions for employees. The Commission concluded that the agreement provided for a satisfactory balance between the interests of the employer and employees, and it approved the agreement under 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