DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Landis & Gyr Pty Limited
(AG2020/1816)

LANDIS+GYR LAVERTON NORTH OPERATIONS SINGLE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2020

Application for approval of the Landis+Gyr Laverton North Operations Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Landis+Gyr Laverton North Operations Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Landis & Gyr Pty Limited. 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.

[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2020. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Landis & Gyr Pty Limited, sought approval of an enterprise agreement with their employees in accordance with section 233 of the Fair Work Act 2009. The Fair Work Commission, specifically the Full Bench, was tasked with determining the application. The central legal issue revolved around whether the agreement met the requirements of the Act, specifically whether it was a "single enterprise agreement" within the meaning of section 228 of the Act, and if it had been fairly and properly negotiated and concluded.

The court considered whether the agreement covered all employees of the company and whether it dealt with all the matters that were required to be covered by a single enterprise agreement. The applicants argued that the agreement was a genuine single enterprise agreement that had been fairly and properly negotiated. The respondents, on the other hand, contended that the agreement was not a genuine single enterprise agreement and had not been fairly and properly negotiated. After careful examination of the evidence and submissions, the Full Bench found that the agreement was a genuine single enterprise agreement and had been fairly and properly negotiated. The court was satisfied that the agreement met all the requirements of the Act and approved it.

The Full Bench made an order approving the Landis+Gyr Laverton North Operations Single Enterprise Agreement 2020. The order was made on the basis that the agreement was a genuine single enterprise agreement and had been fairly and properly negotiated. The agreement was to be registered with the Commission and would have effect as a registered agreement from the date of registration. The decision of the Full Bench was final and binding on the parties and could not be appealed.

Landis & Gyr Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established