Lasercraft Australia Ltd T/A Lasercraft Summary

[2014] FWCA 4293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lasercraft Australia Ltd T/A Lasercraft
(AG2014/5987)

LASERCRAFT AUSTRALIA LTD (SUPPORTED EMPLOYEES) COLLECTIVE AGREEMENT 2014

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 JUNE 2014

Application for approval of the Lasercraft Australia Ltd (Supported Employees) Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lasercraft Australia Ltd (Supported Employees) Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lasercraft Australia Ltd T/A Lasercraft. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Peter Britton, Manager, Lasercraft Australia Ltd. The written undertaking concerning Section D, clauses 2.2, 5.1, 5.2, 5.7, 6.1 and 7.4 and Schedule A will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 27 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Lasercraft Australia Ltd, trading as Lasercraft, which sought approval of the Lasercraft Australia Ltd (Supported Employees) Collective Agreement 2014. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement met the necessary requirements for approval.

The legal issues that the Commission had to address included whether the agreement was genuinely an agreement between the employer and the employees, whether the agreement contained only matters that could be the subject of a registered agreement, and whether the agreement met the requirements for a simple summary of the agreement to be included. Additionally, the Commission needed to assess whether the agreement provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission examined the application and the proposed agreement thoroughly. It concluded that the agreement was genuinely an agreement between the parties, contained only matters that could be the subject of a registered agreement, and met the requirements for a simple summary. The Commission found that the agreement provided for a fair and reasonable outcome for both the employer and the employees. Consequently, the Commission approved the Lasercraft Australia Ltd (Supported Employees) Collective Agreement 2014.

As a result of the Commission's decision, the agreement was registered under the Fair Work Act 2009, providing a framework for the terms and conditions of employment for the supported employees at Lasercraft Australia Ltd. This registration ensured that the agreement was legally binding and enforceable, promoting a fair and harmonious workplace environment.

Lasercraft Australia Ltd T/A Lasercraft

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established