[2016] FWCA 4775

The attached document replaces the document previously issued with the above code on 15 July 2016.

By replacing the wording “The Australian Workers’ Union” with ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)” in clause [3] to reflect the correct union that is covered under the Agreement.

Member Assist

On behalf of Commissioner Harper-Greenwell

Dated 18 July 2016

[2016] FWCA 4775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Landis & Gyr Pty Limited T/A Landis+Gyr
(AG2016/1529)

LANDIS+GYR LAVERTON NORTH OPERATIONS SINGLE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 JULY 2016

Application for approval of the Landis+Gyr Laverton North Operations Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Landis+Gyr Laverton North Operations Single Enterprise Agreement 2016 (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 T/A Landis+Gyr. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 15 July 2016 and, in accordance with s.54, will operate from 22 July 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Landis & Gyr Pty Limited, trading as Landis+Gyr, and its employees. The dispute pertained to the approval of the Landis+Gyr Laverton North Operations Single Enterprise Agreement 2016. The commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The central legal issues before the commission were whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Specifically, the commission needed to consider whether the agreement had been made free from any improper influence or coercion, whether it provided for the proper registration of the agreement, and whether it complied with the good faith bargaining obligations.

In delivering its decision, the commission thoroughly examined the processes followed in the negotiation and execution of the agreement. It found that the agreement was made in accordance with the procedural requirements, as the employer had engaged in good faith bargaining with the employees' representatives. The commission also determined that the agreement contained all the required minimum terms and conditions and that it was fair and reasonable. Consequently, the commission approved the agreement and ordered its registration with the Fair Work Commission.

Landis & Gyr Pty Limited T/A Landis+Gyr

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established