DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LANEC Services Pty Ltd
(AG2017/6039)

LANEC SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the LANEC Services Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the LANEC Services Pty Ltd and ETU Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LANEC Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the LANEC Services Pty Ltd and ETU Enterprise Agreement 2017 - 2021. The applicant, LANEC Services Pty Ltd, sought to have the agreement approved as a single, certified agreement. The Australian Education Union (ETU) opposed the application on the basis that the agreement should be approved as multiple, certified agreements. The dispute centred on whether the agreement should be approved as a single or multiple agreement, given the different operational sites and roles of the employees covered by the agreement.

The central legal issue for the Commission was whether the agreement should be approved as a single or multiple agreement. The Commission considered the relevant provisions of the Fair Work Act 2009 and the relevant case law. The applicant argued that the agreement should be approved as a single agreement because it was necessary to maintain a unified and streamlined approach to industrial relations across the various operational sites. The respondent, on the other hand, argued that the agreement should be approved as multiple agreements because of the differences in the nature of work and the roles of the employees across the various sites.

The Commission found that the agreement should be approved as a single, certified agreement. The Commission noted that the agreement covered employees who were employed across multiple sites, and that the terms and conditions of employment were largely consistent across these sites. The Commission also noted that the agreement provided for a mechanism for the parties to address any site-specific issues that might arise. The Commission concluded that approving the agreement as a single agreement would promote consistency and efficiency in the operation of the business, and would not result in any unfairness or inequity to the employees. The Commission approved the agreement as a single, certified agreement.

The Fair Work Commission approved the LANEC Services Pty Ltd and ETU Enterprise Agreement 2017 - 2021 as a single, certified agreement. The applicant was directed to take all necessary steps to give effect to the agreement, and the respondent was directed to take all necessary steps to ensure that the agreement was implemented in accordance with its terms. The Commission also directed that the agreement be registered with the Fair Work Commission, and that a copy of the agreement be provided to the relevant regulatory authorities.

LANEC Services 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