Lampson (Australia) Pty Ltd

[2014] FWCA 6193

FAIR WORK COMMISSION

DECISION

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

Lampson (Australia) Pty Ltd
(AG2014/1802)

LAMPSON (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 SEPTEMBER 2014

Application for approval of the Lampson (Australia) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lampson (Australia) Pty Ltd Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 28 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resource Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Lampson (Australia) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Lampson (Australia) Pty Ltd Enterprise Agreement 2014. The matter involved the application of the company, seeking the Commission's endorsement of the proposed agreement which was to regulate the employment terms and conditions of its employees. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive provisions of the agreement.

The legal issues before the Commission included whether the agreement was made in accordance with the procedural fairness requirements and whether it contained the minimum entitlements as mandated by the Act. The Commission had to assess whether the company had taken necessary steps to ensure that the employees had a genuine opportunity to discuss and understand the terms of the proposed agreement. Additionally, the Commission examined whether the agreement provided for wages and conditions that met or exceeded the minimum standards set out in the relevant modern awards.

In delivering its decision, the Commission found that the company had fulfilled its obligations under the procedural fairness requirements. The evidence demonstrated that the company had undertaken a thorough process of consultation with the employees, providing them with detailed information about the proposed changes and allowing them sufficient time to consider and discuss the terms. The Commission also determined that the agreement contained all the necessary minimum entitlements and did not disadvantage the employees. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the legislative requirements.

The Fair Work Commission's decision was to approve the Lampson (Australia) Pty Ltd Enterprise Agreement 2014, effective from the date of the decision. The approval was contingent upon the company providing written confirmation of the agreement to the Commission within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established