LCS-I Electrical & Data Ltd Summary

[2022] FWCA 797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LCS-I Electrical & Data Ltd

(AG2022/561)

LCS-I Electrical & Data Ltd Enterprise Agreement 2022-2026

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 15 MARCH 2022

Application for approval of the LCS-I Electrical & Data Ltd Enterprise Agreement 2022-2026

LCS-I Electrical & Data Ltd has applied for approval of an enterprise agreement known as the LCS-I Electrical & Data Ltd Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single 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 22 March 2022. The nominal expiry date of the Agreement is 14 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCS-I Electrical & Data Ltd recently applied for the approval of its proposed enterprise agreement, which covers the period from 2022 to 2026. The application was made to the Fair Work Commission, which is responsible for the registration and approval of enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the criteria set out in the Act for approval, including whether it provided for the pay and conditions of employees fairly and efficiently.

The legal issues the Commission was required to decide included whether the agreement provided for the minimum terms and conditions required by the Act, whether it was free from any prohibited content, and whether it had been made in good faith. The Commission also had to consider whether the agreement provided for appropriate mechanisms for resolving disputes and whether it had been made with appropriate consultation and negotiation between the employer and employees.

After considering the evidence and arguments presented by the parties, the Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission noted that the agreement provided for the minimum terms and conditions required by the Act, including appropriate pay rates and conditions for employees. The Commission also found that the agreement was free from any prohibited content and had been made in good faith. The Commission was satisfied that the agreement provided for appropriate mechanisms for resolving disputes and that it had been made with appropriate consultation and negotiation between the employer and employees. Accordingly, the Fair Work Commission approved the proposed agreement, which will now apply to the relevant employees for the period from 2022 to 2026.

LCS-I Electrical & Data Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established