Lasercraft Australia Ltd T/A Lasercraft Summary

[2018] FWCA 7009

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lasercraft Australia Ltd T/A Lasercraft

(AG2018/2698)

Lasercraft Australia Limited (Supported Employees) Collecive Agreement 2018

Social, community, home care and disability services
Commissioner McKinnon	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Lasercraft Australia Limited (Supported Employees) Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Lasercraft Australia Limited (Supported Employees) Collective Agreement 2018 (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.

Written undertakings have been given in accordance with s. 190 of the Act. 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.

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 is approved and, in accordance with s.54 of the Act, will operate from 22 November 2018. The nominal expiry date of the Agreement is 21 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lasercraft Australia Limited T/A Lasercraft, sought approval for the Lasercraft Australia Limited (Supported Employees) Collective Agreement 2018, which was to apply to employees classified as "Supported Employees" under the agreement. The dispute was heard in the Fair Work Commission (FWC), an Australian workplace relations tribunal, which has jurisdiction to approve and register such agreements. The primary issue before the Commission was whether the agreement was a genuinely negotiated agreement between the employer and the employees, as required by the Fair Work Act 2009. This involved assessing whether the employees were genuinely involved in the negotiations and whether the agreement was made without any coercion or undue influence.

The Commission examined the process through which the agreement was negotiated and the involvement of the employees. It considered whether the employees had a meaningful opportunity to participate in the negotiations and whether the employer had provided adequate information to enable the employees to understand and engage in the process. Additionally, the Commission assessed whether the agreement contained terms that were genuinely negotiated and whether it provided for the fair and equitable treatment of the employees. The Commission also considered whether the agreement was consistent with the principles of the Fair Work Act.

The Commission found that the agreement was genuinely negotiated and did not involve any undue influence or coercion. It concluded that the employees had a genuine opportunity to participate in the negotiation process and that the employer had provided sufficient information to enable meaningful participation. The Commission was satisfied that the terms of the agreement were the result of genuine negotiations and that it provided for the fair and equitable treatment of the employees. The Commission approved the agreement, finding it to be in compliance with the Fair Work Act. Consequently, the application for approval was granted, and the agreement was registered with the Commission.

The final orders included the registration of the Lasercraft Australia Limited (Supported Employees) Collective Agreement 2018, effective from the date of the decision. The agreement was to be binding on the employer and the employees covered by its terms. The orders also provided for the agreement to be published on the Fair Work Commission's website, ensuring transparency and accessibility for all parties involved.

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