DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lai Switchboards Australia Pty Ltd
(AG2015/6276)

LAI SWITCHBOARDS AUSTRALIA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Lai Switchboards Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lai Switchboards Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lai Switchboards Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 December 2015 and, in accordance with s.54, will operate from 11 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lai Switchboards Australia Pty Ltd sought approval of the Lai Switchboards Australia Enterprise Agreement 2015. The application was brought before the Fair Work Commission. The dispute revolved around the validity and fairness of the enterprise agreement, with various parties voicing concerns over specific clauses and the overall terms of the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable in the circumstances.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it contained the minimum terms and conditions as required by law, and if it was procedurally sound. The Commission examined the bargaining process, the fairness of the terms, and whether the agreement appropriately balanced the interests of both employers and employees. In its analysis, the Commission also considered submissions from both Lai Switchboards and the relevant unions, as well as the views of affected employees.

The Commission found that the enterprise agreement was genuinely negotiated and contained the necessary minimum terms and conditions. It held that the agreement was fair and reasonable, balancing the interests of both parties. The Commission was satisfied with the process followed in reaching the agreement and concluded that it met all statutory requirements. The application was subsequently approved, and the Lai Switchboards Australia Enterprise Agreement 2015 was certified as meeting the criteria for approval.

Lai Switchboards Australia 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