DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L Services Pty Ltd
(AG2018/5754)

L SERVICES PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 14 MAY 2019

Application for approval of the L Services Pty Ltd and Employees Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the L Services Pty Ltd and Employees Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by L Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 13 May 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by L Services Pty Ltd to approve the L Services Pty Ltd and Employees Enterprise Agreement 2018-2022. The company sought to have the agreement, which outlined terms and conditions of employment for its employees, recognised as a registered agreement under the Fair Work Act 2009. The dispute arose as some employees and a union questioned the fairness and appropriateness of certain clauses in the agreement, leading to objections to its registration.

The primary legal issues the court had to address were whether the agreement was a "good faith" bargain, whether it contained terms that complied with the Fair Work Act, and if the process of reaching the agreement was fair and in good faith. Additionally, the court needed to determine whether the agreement met the "better off overall test," ensuring that employees were not worse off by the terms of the agreement compared to their previous conditions.

The Fair Work Commission examined the negotiation process, the content of the agreement, and the evidence provided by both parties. The Commission noted that the agreement had been negotiated in good faith, with a fair process that involved genuine consultation and discussion. The court found that the terms of the agreement complied with the statutory requirements and that the employees would not be worse off under the new terms. The Commission concluded that the agreement was a genuine attempt to reach a fair and reasonable outcome for both parties and approved the agreement, determining it to be a registered agreement under the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the L Services Pty Ltd and Employees Enterprise Agreement 2018-2022 as a registered agreement, effective from the date of the decision. The Commission also directed that the agreement be published on its website and provided a copy to both parties. This decision ensured that the agreement would legally govern the terms and conditions of employment for the employees of L Services Pty Ltd for the duration of the agreement.

L 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