Ladtec Electrics Pty Ltd Summary

[2013] FWCA 9338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ladtec Electrics Pty Ltd
(AG2013/9914)

LADTEC ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the Ladtec Electrics Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ladtec Electrics Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ladtec Electrics 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 Ladtec Electrics Pty Ltd. 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 4 December 2013. The nominal expiry date of the Agreement is 3 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ladtec Electrics Pty Ltd was involved in a dispute concerning the approval of its Enterprise Agreement 2013-2017. The Fair Work Commission was the forum for resolving this matter. The crux of the dispute revolved around whether the Enterprise Agreement met the necessary legal standards under the Fair Work Act 2009, specifically focusing on the fairness and compliance of the agreement with relevant industrial laws and provisions.

The Commission was tasked with assessing whether the agreement provided fair and reasonable terms and conditions of employment, and if it complied with all statutory requirements. Key issues included the fairness of the agreement's provisions regarding wages, hours of work, and other employment conditions, as well as ensuring the agreement did not contravene any provisions of the Fair Work Act. The Commission also examined if the agreement was made in good faith and if it adhered to procedural fairness.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It examined the fairness of the agreement’s provisions and the process by which it was negotiated and agreed upon. The Commission found that the agreement contained terms that were fair and reasonable and were made in good faith. It determined that the agreement complied with all statutory requirements and met the necessary standards under the Fair Work Act. Consequently, the Commission approved the Ladtec Electrics Pty Ltd Enterprise Agreement 2013-2017.

The Commission ordered that the agreement be approved as a registered agreement, effective from the date of the decision. The decision underscored the importance of ensuring that enterprise agreements are fair and reasonable and comply with the requirements of the Fair Work Act.

Ladtec Electrics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established