Lincoln Sentry Group Pty Ltd

[2022] FWCA 4461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lincoln Sentry Group Pty Ltd

(AG2022/5137)

Lincoln Sentry Bayswater Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 DECEMBER 2022

Application for approval of the Lincoln Sentry Bayswater Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Lincoln Sentry Bayswater Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lincoln Sentry Group Pty Ltd. The Agreement is a single enterprise agreement.

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

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2022. The nominal expiry date of the Agreement is 6 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lincoln Sentry Group Pty Ltd, sought approval of the Lincoln Sentry Bayswater Enterprise Agreement 2022 from the Fair Work Commission. The agreement was made between the company and its employees, represented by the Retail and Fast Food Workers Union. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was appropriately certified. The court needed to consider whether the process leading to the agreement's formation was free from any improper conduct, and whether the agreement itself was fair and reasonable. Additionally, the court examined whether the agreement provided for adequate dispute resolution mechanisms and if it complied with the requirements for independent certification.

The Fair Work Commission determined that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The court found that the process leading to the agreement was free from any improper conduct and that the agreement itself was fair and reasonable. The agreement was also found to provide for adequate dispute resolution mechanisms and to have been appropriately certified. Therefore, the application for approval of the Lincoln Sentry Bayswater Enterprise Agreement 2022 was successful. The court approved the agreement, allowing it to come into effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established