DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LCS Electrical and Data (Vic) Pty Ltd
(AG2021/6253)

LCS ELECTRICAL DATA AND MANAGEMENT SOLUTIONS (VIC) MULTI-ENTERPRISE AGREEMENT 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 AUGUST 2021

Application for approval of the LCS Electrical Data and Management Solutions (Vic) Multi-Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the LCS Electrical Data and Management Solutions (Vic) Multi-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 LCS Electrical and Data (Vic) Pty Ltd. The Agreement is a multi- 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCS Electrical and Data (Vic) Pty Ltd applied to the Fair Work Commission for the approval of a multi-enterprise agreement. The agreement aimed to regulate employment conditions for employees in the electrical and data industries across Victoria, spanning from 2021 to 2025. The application was contested by the Electrical Trades Union (Victoria), which argued that the proposed agreement was not in the best interests of the employees.

The primary legal issues the court had to address were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The court examined the provisions of the proposed agreement, the submissions from both parties, and the potential impact on the employees. The court also considered the principles of fairness and the need for the agreement to provide adequate protection and benefits to the employees.

In its reasoning, the court found that the agreement provided a fair and reasonable set of terms and conditions for employees, taking into account the economic climate and the needs of the industry. The court noted that the agreement contained provisions for wage increases, improved working conditions, and dispute resolution mechanisms. The court also considered the views of the Electrical Trades Union and found that while the union had concerns, the overall agreement was in the best interests of the employees. Consequently, the court approved the application for the multi-enterprise agreement to be in effect from 2021 to 2025.

LCS Electrical and Data (Vic) 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