LGM Industries Pty Ltd

[2023] FWCA 1610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LGM Industries Pty Ltd

(AG2023/1470)

LGM INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 5 JUNE 2023

Application for approval of the LGM Industries Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the LGM Industries Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LGM Industries Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2023. The nominal expiry date of the Agreement is 5 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LGM Industries Pty Ltd was the subject of an application for the approval of the Enterprise Agreement 2023. The applicant, LGM Industries, sought the court's approval of the proposed agreement, which aimed to regulate the employment terms and conditions for its employees. The Fair Work Commission was the respondent in this case, tasked with ensuring the agreement complied with the Fair Work Act 2009.

The primary legal issue the court had to address was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement contained the necessary provisions, was free from any unlawful content, and had been negotiated in good faith. Additionally, the court needed to determine if the agreement provided for a fair and efficient workplace while balancing the interests of both the employer and the employees.

In reaching its decision, the court carefully examined the content of the Enterprise Agreement. It confirmed that the agreement included all the necessary provisions and was free from any unlawful content. The court also determined that the agreement had been negotiated in good faith, as evidenced by the extensive consultation and negotiation process between LGM Industries and its employees. The court concluded that the proposed agreement provided for a fair and efficient workplace and appropriately balanced the interests of both parties. Consequently, the court approved the Enterprise Agreement 2023.

The final orders of the court included the approval of the Enterprise Agreement 2023, subject to the terms and conditions outlined within the agreement. The court's decision provided clarity and certainty for both LGM Industries and its employees, ensuring the agreement would govern their employment relationship going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established