Legrand Australia Pty Ltd

[2014] FWCA 425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Legrand Australia Pty Ltd
(AG2013/12060)

LEGRAND AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 16 JANUARY 2014

Application for approval of the Legrand Australia Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Legrand Australia Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Legrand Australia Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU); the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers (NUW) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] Fair Work Commission received correspondence dated 17 December 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 November 2015.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Legrand Australia Pty Ltd applied for approval of the Legrand Australia Pty Limited Enterprise Agreement 2013. The applicant sought approval under section 178 of the Fair Work Act 2009, which requires that an enterprise agreement must be approved by the Fair Work Commission. The dispute involved the terms of the agreement, which covered the employment conditions of various employees within the company. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the court centred on whether the agreement met the statutory requirements for approval under the Fair Work Act. Key issues included whether the agreement provided for minimum entitlements, included appropriate dispute resolution processes, and was free from any elements that might be considered contrary to public policy. Additionally, the court needed to assess whether the agreement was genuinely negotiated and whether it included adequate mechanisms for variations and termination of employment.

The court found that the agreement met all necessary statutory requirements. It was determined that the agreement provided for the minimum entitlements specified in the Fair Work Act and included appropriate mechanisms for dispute resolution. The court also concluded that the agreement was genuinely negotiated and did not contain any terms that were contrary to public policy. Given these findings, the Fair Work Commission approved the Legrand Australia Pty Limited Enterprise Agreement 2013.

The Fair Work Commission granted approval of the Legrand Australia Pty Limited Enterprise Agreement 2013, effective from the date of the decision. This decision confirmed that the agreement complied with all relevant statutory requirements and was suitable for endorsement under the Fair Work Act. The approval of the agreement ensures that the employment conditions outlined within it are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established