DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lampson (Australia) Pty Ltd
(AG2018/2617)

LAMPSON (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the Lampson (Australia) Pty Ltd Enterprise Agreement 2018.

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

[2] Written undertakings have been given in accordance with s. 190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Lampson (Australia) Pty Ltd Enterprise Agreement 2018. The applicant, Lampson (Australia) Pty Ltd, sought the Commission's approval of the agreement, which had been negotiated between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it appropriately balanced the interests of both the employer and employees.

The primary legal issues before the Commission were whether the agreement met the procedural requirements for enterprise agreements under the Fair Work Act, and if it provided for appropriate terms and conditions that were fair and reasonable. Specifically, the Commission had to consider whether the agreement was genuinely negotiated, if it was free from any improper influence or coercion, and if it contained all the mandatory terms required by the Act. Additionally, the Commission assessed whether the agreement offered a fair and reasonable balance of benefits and obligations between the parties.

In delivering its decision, the Commission carefully examined the negotiation process and the contents of the agreement. The Commission found that the agreement was the result of genuine bargaining between the parties, with no evidence of improper influence or coercion. The agreement was also found to comply with all mandatory terms prescribed by the Fair Work Act. Furthermore, the Commission considered the terms and conditions of the agreement to be fair and reasonable, taking into account the economic and employment circumstances of the parties. Based on these findings, the Commission approved the Lampson (Australia) Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission approved the Lampson (Australia) Pty Ltd Enterprise Agreement 2018, finding it to be a genuine bargain, free from any improper influence, and compliant with all mandatory terms. The Commission determined that the agreement provided a fair and reasonable balance of benefits and obligations between the employer and employees.

Lampson (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