DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L&M Traffic Services Pty Ltd
(AG2021/4057)

L&M TRAFFIC SERVICES PTY LTD AGREEMENT 2020 - 2024

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 16 MARCH 2021

Application for approval of the L&M Traffic Services Pty Ltd Agreement 2020-2024.

[1] L&M Traffic Services Pty Ltd has applied for approval of a single enterprise agreement known as the L&M Traffic Services Pty Ltd Agreement 2020 - 2024 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54 of the Act, it will operate from 23 March 2021. The nominal expiry date of the Agreement is 15 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved L&M Traffic Services Pty Ltd, a company seeking approval for the L&M Traffic Services Pty Ltd Agreement 2020-2024. The dispute centred on the application for the agreement's approval under the Fair Work Act 2009, which was heard by the Fair Work Commission. The company sought to have the agreement certified as a lawful agreement for the purposes of the Act, which would exempt it from the Act’s unfair dismissal provisions.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a lawful agreement and if it was made in good faith and without coercion. The company argued that the agreement was negotiated in good faith and without coercion, and that it contained all necessary provisions as required by the Act.

The Commission considered the submissions made by the parties and examined the agreement in detail. It found that the agreement was lawful and that it was made in good faith and without coercion. The Commission noted that the agreement contained all necessary provisions as required by the Act, including provisions relating to minimum rates of pay, penalty rates, overtime, and maximum weekly hours. The Commission was satisfied that the agreement was fair and reasonable and that it provided for the proper management of the workplace.

The Commission approved the L&M Traffic Services Pty Ltd Agreement 2020-2024 and certified it as a lawful agreement for the purposes of the Fair Work Act. The company is now exempt from the Act’s unfair dismissal provisions in relation to the agreement. The Commission’s decision is final and binding and cannot be appealed.

L&M Traffic Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established