DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lantrak Electrical Services
(AG2016/6583)

LANTRAK ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Lantrak Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lantrak Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lantrak Electrical Services. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2016. The nominal expiry date of the Agreement is 9 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Lantrak Electrical Services Pty Ltd and its employees. The applicants, Lantrak Electrical Services Pty Ltd, sought the approval of the FWC for the proposed agreement. The respondents, the Electrical Trades Union of Australia and various employees, raised concerns about the proposed agreement's terms. The primary focus of the dispute was whether the proposed agreement complied with the Fair Work Act 2009.

The FWC considered several legal issues, including whether the agreement met the minimum terms and conditions set out in the Fair Work Act, and whether the agreement had been fairly negotiated. The respondents argued that the agreement did not provide adequate protections for employees, particularly in relation to casual employment, and that the process of negotiation was flawed. The FWC needed to determine if the agreement met the criteria for approval under the Fair Work Act.

The FWC examined the content of the proposed agreement and the negotiation process. The FWC found that the agreement provided for minimum terms and conditions that were not less favourable than the relevant award or safety net. The FWC also considered the process of negotiation, including the level of union involvement, and found that it was not materially defective. The FWC was satisfied that the agreement had been fairly negotiated and met the criteria for approval. The FWC approved the proposed agreement, subject to certain modifications to address the respondents' concerns.

The FWC made an order approving the Lantrak Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020, with modifications. The modifications included the addition of a clause to ensure that employees who were converted from casual to permanent employment would receive a minimum of four weeks' paid leave per year, and the inclusion of a dispute resolution procedure. The FWC also made an order that the agreement would be registered with the Fair Work Commission Register of Approved Agreements.

Lantrak Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established