DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laser Linings Pty Ltd T/A Laser Linings
(AG2019/1413)

LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 JULY 2019

Application for approval of the LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laser Linings Pty Ltd T/A Laser Linings. 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for the approval of the Laser Linings Pty Ltd T/A Laser Linings Enterprise Agreement 2019. The applicant, Laser Linings, sought the approval of the agreement under section 232 of the Fair Work Act 2009, which requires that such agreements meet certain criteria, including that they provide for the registration of employees and that they do not adversely affect employees' rights. The respondent, Australian Manufacturing Workers' Union, raised concerns regarding the agreement's provisions and the process by which it was negotiated.

The legal issues before the court centred on whether the enterprise agreement met the requirements of the Fair Work Act and whether the process by which it was negotiated was fair and appropriate. The court had to consider whether the agreement provided for the registration of employees, whether it contained provisions that were contrary to the provisions of the Fair Work Act, and whether the negotiation process was fair and appropriate. Additionally, the court needed to determine whether the agreement provided adequate protections for employees' rights and whether it was in the best interests of the employees.

In determining the issues, the court considered the evidence presented by both parties and examined the provisions of the agreement in light of the requirements of the Fair Work Act. The court found that the agreement provided for the registration of employees and that it did not contain any provisions that were contrary to the provisions of the Fair Work Act. The court also found that the negotiation process was fair and appropriate and that the agreement provided adequate protections for employees' rights. Based on these findings, the court approved the enterprise agreement.

The court's final orders were that the Laser Linings Pty Ltd T/A Laser Linings Enterprise Agreement 2019 be approved under section 232 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the approval. The court's decision provides guidance to employers and unions on the requirements for an enterprise agreement and the process for negotiating and approving such agreements.

Laser Linings Pty Ltd T/A Laser Linings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established