DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD Engineering Services Pty Ltd
(AG2018/1096)

LD ENGINEERING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2018

Application for approval of the LD Engineering Services Pty Ltd Workshop Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the LD Engineering Services Pty Ltd Workshop Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LD Engineering Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 6 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LD Engineering Services Pty Ltd applied to the Fair Work Commission for approval of the LD Engineering Services Pty Ltd Workshop Enterprise Agreement 2017. The Fair Work Commission was required to determine whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009. The Commission found that the agreement satisfied the procedural requirements and was not contrary to the public interest. The agreement was approved as a new enterprise agreement.

The central issue before the Fair Work Commission was whether the agreement met the procedural requirements set out in the Fair Work Act 2009. The applicant argued that the agreement had been properly negotiated and that it complied with the requirements of the Act. The respondent argued that the agreement did not meet the procedural requirements and that it was not in the best interests of the employees. The Commission found that the agreement had been properly negotiated and that it complied with the requirements of the Act.

The Fair Work Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement had been properly negotiated and that it complied with the requirements of the Act. The Commission noted that the agreement had been negotiated in good faith and that it provided for the proper representation of the employees. The Commission also found that the agreement was not contrary to the public interest and that it provided for the proper regulation of the workplace. The Commission approved the agreement as a new enterprise agreement.

The Fair Work Commission approved the LD Engineering Services Pty Ltd Workshop Enterprise Agreement 2017 as a new enterprise agreement. The agreement is now in effect and will apply to the employees of LD Engineering Services Pty Ltd. The Commission's decision provides guidance to employers and employees on the requirements for negotiating and approving enterprise agreements under the Fair Work Act 2009.

LD Engineering Services 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