L P H Unit Trust

[2022] FWCA 3765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

L P H Unit Trust

(AG2022/4094)

LPH Painting Company Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 26 OCTOBER 2022

Application for approval of the LPH Painting Company Pty Ltd Enterprise Agreement 2022.

L P H Unit Trust (the Employer) has made an application for the approval of the LPH Painting Company Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2022. The nominal expiry date of the Agreement is 26 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the LPH Painting Company Pty Ltd sought approval of the LPH Painting Company Pty Ltd Enterprise Agreement 2022. The application was brought under the Fair Work Act 2009. The dispute primarily concerned the terms of the enterprise agreement, including the classification of employees, wage rates, and conditions of employment.

The central legal issues before the Commission were whether the proposed agreement met the "better off overall test" as stipulated by section 235 of the Fair Work Act and whether it complied with the good faith bargaining requirements under section 228 of the Act. The Commission had to determine if the agreement was fair and reasonable for the employees and if it was the product of genuine negotiations between the parties.

The Commission found that the agreement met the "better off overall test" as it provided a mix of wage increases and additional benefits that were deemed fair and reasonable. The Commission also concluded that the agreement was the result of genuine negotiations between the parties, thus meeting the good faith bargaining requirements. Consequently, the application for approval was successful.

The Commission approved the LPH Painting Company Pty Ltd Enterprise Agreement 2022, confirming its compliance with the statutory requirements under the Fair Work Act. The agreement was to be applied from the date of the decision, providing the basis for employment conditions between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established