DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LGM Industries Pty Ltd
(AG2018/2200)

LGM INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 2 OCTOBER 2018

Application for approval of the LGM Industries Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the LGM Industries Pty Ltd Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2018. The nominal expiry date of the Agreement is 1 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LGM Industries Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the LGM Industries Pty Ltd Enterprise Agreement 2018. The applicant, LGM Industries, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements for registration, including the provision of adequate employee representation during the negotiation process and the fairness of the terms agreed upon.

The legal issues before the Commission involved determining whether the agreement had been fairly negotiated and whether it met the statutory requirements for registration. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it contained the minimum terms and conditions of employment, and whether it was free from any invalid provisions. Additionally, the Commission examined whether the employee representatives had genuinely participated in the negotiation process and whether the agreement provided for adequate employee protections.

The Fair Work Commission found that the LGM Industries Pty Ltd Enterprise Agreement 2018 complied with the statutory requirements for registration. The Commission concluded that the agreement had been negotiated in good faith and contained the minimum terms and conditions of employment. The employee representatives were deemed to have genuinely participated in the negotiation process, and the terms of the agreement were considered fair and reasonable. Consequently, the Commission approved the registration of the agreement, recognising it as a registered enterprise agreement under the Fair Work Act 2009.

The Commission ordered that the LGM Industries Pty Ltd Enterprise Agreement 2018 be registered as a registered enterprise agreement. The agreement was to be registered by the Commission and would be in effect from the date of registration. The order ensured that the terms of the agreement would govern the employment relationship between LGM Industries and its employees, subject to the protections and rights provided under the Fair Work Act 2009.

LGM Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established