DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lantrak Electrical Services Pty Ltd
(AG2021/5310)

LANTRAK ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2021-2025

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 JUNE 2021

Application for approval of the Lantrak Electrical Services Pty Ltd Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Lantrak Electrical Services Pty Ltd Enterprise Agreement 2021-2025 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. 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.

[4] The Agreement was approved on 30 June 2021 and, in accordance with s.54, will operate from 7 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lantrak Electrical Services Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Lantrak Electrical Services Pty Ltd Enterprise Agreement 2021-2025. The applicant, Lantrak, is an employer in the electrical contracting industry, and the dispute involved the terms and conditions of employment for its employees as outlined in the proposed enterprise agreement. The matter was brought before the Commission to ensure that the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the provisions for minimum entitlements, procedural fairness in the negotiation process, and whether the agreement was made in good faith. The Commission needed to determine if the agreement provided for the minimum entitlements as stipulated by the Act, whether the negotiation process was fair and transparent, and if the agreement was made without coercion, undue influence, or in bad faith.

The Commission carefully reviewed the negotiation process and found that it was conducted in good faith and without any undue influence or coercion. It was noted that the agreement was the result of a genuine attempt to reach a negotiated settlement. The Commission also examined the terms of the proposed agreement to ensure they met the minimum standards set by the Fair Work Act. After considering all the evidence and submissions, the Commission was satisfied that the agreement met all the necessary legal criteria for approval. Consequently, the Commission approved the Lantrak Electrical Services Pty Ltd Enterprise Agreement 2021-2025, effective from the date of the decision.

Lantrak Electrical 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