Legrand Australia Pty Limited

[2025] FWCA 1405

[2025] FWCA 1405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Legrand Australia Pty Limited

(AG2025/934)

LEGRAND AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 30 APRIL 2025

Application for approval of the Legrand Australia Pty Ltd Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Legrand Australia Pty Ltd Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Legrand Australia Pty Limited (Applicant). The Agreement is a single enterprise agreement.

1. The material filed in support of the application disclosed a discrepancy between the title of the Agreement and title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) which was issued to employees. The discrepancy was the omission of the letters “Pty Ltd” after the company name where reference is made to the title of the proposed agreement in the NERR. The Applicant submitted that the employees were unlikely to have been disadvantaged by the error particularly given that the NERR refers to the full name of the company as the entity giving the notice. I accept that submission and am of the view that the discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I propose to disregard the error on that basis.

1. A concern was also raised with the Applicant as to whether employees had a reasonable opportunity to consider the proposed agreement before voting on it given that the Agreement which was originally provided to employees on 10 March 2025 was provided again with an amendment correcting a typographical error in clause 3.7 on 12 March 2025. Notwithstanding that voting on the Agreement commenced on 19 March 2025, having regard to the explanation provided by the Applicant, which was not disputed by the  “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), a bargaining representative for the Agreement, I am satisfied that the employees had a reasonable opportunity to consider the proposed enterprise agreement before voting on it, so that they could vote in an informed manner in accordance with paragraph 4 of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

1. The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. Having regard to the supporting material and the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

1. I note that Clause 1.4 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (Standards) and that where there is an inconsistency between this agreement and the Standards, and the Standards provides a greater benefit, the Standards provision will apply to the extent of the inconsistency.

1. The AMWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 26 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528816  PR786525>

Annexure A