Legrand Australia Pty Limited

[2022] FWCA 39

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Legrand Australia Pty Limited

(AG2021/8898)

Legrand Australia Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 JANUARY 2022

Application for approval of the Legrand Australia Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Legrand Australia Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 January 2022. The nominal expiry date of the Agreement is 16 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Legrand Australia Pty Limited applied for the approval of the Legrand Australia Pty Ltd Enterprise Agreement 2022. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The respondents were the Australian Manufacturing Workers Union and the Electrical Trades Union. The dispute centred around the fairness and compliance of the agreement with the relevant legislative framework.

The primary legal issue before the court was whether the agreement was "appropriate" for the purposes of section 232 of the Fair Work Act. This required the court to assess if the agreement met the criteria for being "fair and appropriate". Key considerations included whether the agreement allowed for the protection of employees' rights, provided for a fair system of dispute resolution, and did not adversely affect the ability of employees to exercise their rights under the Act. Additionally, the court needed to determine if the agreement was made in good faith and whether it was consistent with the principles of the National Employment Standards.

The court found that the Legrand Australia Pty Ltd Enterprise Agreement 2022 was appropriate for approval. It held that the agreement was fair and appropriate as it provided for a reasonable system of dispute resolution, did not disadvantage employees, and was consistent with the National Employment Standards. The court was satisfied that the agreement was made in good faith and that it allowed employees to exercise their rights under the Fair Work Act. As such, the court approved the agreement.

The court approved the Legrand Australia Pty Ltd Enterprise Agreement 2022, determining that it met all the necessary criteria for approval under section 232 of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established