Ld Engineering Services Pty Ltd Summary

[2021] FWCA 7073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ld Engineering Services Pty Ltd
(AG2021/8246)

LD ENGINEERING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 10 DECEMBER 2021

Application for approval of the LD ENGINEERING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2021

[1] LD Engineering Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the LD Engineering Services Pty Ltd Workshop Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Form F16 Application

[2] The Form F16 Application stated the name of the Agreement as ‘LD Engineering Services Pty Ltd – Engineering Workshop Enterprise Agreement 2021’. The Employer provided submissions that this was a typographical error and the correct name of the Agreement is as set out in clauses 1 and 2 of the Agreement, and paragraph [1] above.

[3] I consider it appropriate in the circumstances to amend the Form F16 Application to include the correct name of the Agreement and do so pursuant to s.586(a) of the Act.

Notice of employee representational rights (NERR)

[4] The NERR was issued on the Employer’s letterhead and included additional text below the prescribed wording consisting of references to the Fair Work Commission’s Infoline, the website of Fair Work Ombudsman, and the text “yours faithfully, LD Engineering Services Workshop Manager”. The Employer provided submissions that the additional text and the placement of the NERR on the Employer’s letterhead constituted minor technical errors.

[5] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[6] As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Section 190 Undertakings

[7] The employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

[8] 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.

Section 183 Bargaining representatives

[9] The Australian Workers union (the AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[10] In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

Approval

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 10 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

Ld Engineering Services Pty Ltd was a party in a proceeding before the Fair Work Commission, where an application for the approval of the LD ENGINEERING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2021 was heard. The dispute arose between the company and its employees, represented by the Electrical Trades Union of Australia. The application for approval was brought under the Fair Work Act 2009, which governs the establishment and operation of enterprise agreements in Australia. The company sought to have the agreement, which was negotiated between the parties, approved by the Commission to ensure it met all legislative requirements and was fair and reasonable.

The legal issues before the Commission involved determining whether the enterprise agreement complied with the Fair Work Act and whether it was fair and reasonable. This included assessing if the agreement included all the mandatory terms as required by the Act, and if the agreement was negotiated in good faith and covered a reasonable scope of employees. The Commission also had to consider if the agreement provided for a fair balance between the rights and obligations of the employer and employees.

The Commission found that the agreement was compliant with the Fair Work Act and was negotiated in good faith. It included all the mandatory terms and provided for a reasonable scope of employees. The agreement was deemed to provide a fair balance between the rights and obligations of both parties. The Commission took into account the nature of the industry, the parties' bargaining positions, and the economic context in which the agreement was made. The agreement was approved and will be registered with the Fair Work Commission.

The Fair Work Commission approved the LD ENGINEERING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2021, which will now be registered and in effect. The agreement will govern the employment terms and conditions of the employees covered by the agreement, and will remain in force until the next agreement is negotiated or until it is terminated in accordance with the Fair Work Act.

Ld Engineering Services Pty Ltd

Form F16 Application

Notice of employee representational rights (NERR)

Section 190 Undertakings

Sections 186, 187, 188 and 190

Section 183 Bargaining representatives

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established