LCS Electrical & Data (QLD) Pty Ltd

[2022] FWCA 3247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

LCS Electrical & Data (QLD) Pty Ltd

(AG2022/3711)

LCS Electrical & Data (QLD) and Electrical Management Multi-Enterprise Agreement 2022 -2026

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2022

Application for approval of the LCS Electrical & Data (QLD) and Electrical Management Multi-Enterprise Agreement 2022 -2026

An application has been made for approval of an enterprise agreement known as the LCS Electrical & Data (QLD) and Electrical Management Multi-Enterprise Agreement 2022 -2026 (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 & Data (QLD) Pty Ltd. The Agreement is a multi-enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022. The nominal expiry date of the Agreement is 16 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCS Electrical & Data (QLD) Pty Ltd applied to the Fair Work Commission for approval of the LCS Electrical & Data (QLD) and Electrical Management Multi-Enterprise Agreement 2022-2026. The parties involved in the agreement are LCS Electrical & Data (QLD) Pty Ltd, the employer, and Electrical Management, the union representing the employees. The dispute concerns the terms and conditions of employment for the employees within the scope of the agreement, which aims to establish fair and reasonable working conditions for a specified period. The Fair Work Commission is the tribunal responsible for overseeing and approving the agreement.

The legal issues before the Fair Work Commission involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a simple, low-risk, or high-risk agreement, and whether it provided for appropriate minimum terms and conditions for the employees. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it would promote improved productivity, efficiency, and profitability of the employer.

The Fair Work Commission found that the agreement was a simple agreement as defined under section 230 of the Fair Work Act. The Commission concluded that the agreement provided for appropriate minimum terms and conditions for the employees and was in their best interests. It was noted that the agreement included provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement would promote improved productivity, efficiency, and profitability of the employer. Consequently, the Commission approved the LCS Electrical & Data (QLD) and Electrical Management Multi-Enterprise Agreement 2022-2026, which will now be applicable to the employees within the scope of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established