LGM Industries Pty Ltd Summary

[2013] FWCA 3388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LGM Industries Pty Ltd
(AG2013/501)

LGM INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 MAY 2013

Application for approval of the LGM Industries Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the LGM Industries Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LGM Industries Pty Ltd applied for approval of an Enterprise Agreement under the Fair Work Act 2009. The applicants were the employer, LGM Industries, and two unions representing the employees. The application was heard in the Federal Circuit Court of Australia. The unions argued that the proposed agreement failed to meet the "better off overall test" and that certain provisions were not in line with the national employment standards. The employer contended that the agreement was fair and met all necessary criteria.

The court examined whether the agreement ensured employees were at least as well off as they would be under the applicable award or registered agreement. This included assessing if the agreement provided for terms and conditions that were no less favourable than those provided by the relevant industrial instrument. The court also needed to determine whether the agreement contained any provisions that were contrary to the national employment standards.

The court found that the agreement satisfied the better off overall test, as employees would be better off under the proposed terms compared to their current conditions. The court also concluded that the agreement did not contravene the national employment standards. The application was approved, and the agreement was registered under the Fair Work Act 2009.

The court ordered that the LGM Industries Pty Ltd Enterprise Agreement 2013 be approved and registered, effective from the date of the judgment. This decision ensures that the terms and conditions outlined in the agreement apply to the employees involved.

LGM Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established