Lincoln Sentry Group Pty Ltd

[2022] FWCA 1614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lincoln Sentry Group Pty Ltd

(AG2022/1380)

Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2022

Storage services
COMMISSIONER MATHESON	SYDNEY, 13 MAY 2022

Application for approval of the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2022.

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

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2022. The nominal expiry date of the Agreement is 30 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Commissioner Matheson was tasked with reviewing an application for the approval of the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2022. The application was lodged by Lincoln Sentry Group Pty Ltd under Section 185 of the Fair Work Act 2009. The agreement in question pertains to storage services provided by the company. The Commission's role was to ensure that the agreement met all the necessary requirements for approval as stipulated under Sections 186, 187, and 188 of the Act.

The primary legal issues the Commission needed to address were whether the agreement fulfilled all the statutory requirements for approval and if it met the criteria for being a genuine enterprise agreement. This included ensuring that the agreement was made in good faith, involved genuine bargaining between the parties, and provided for the resolution of any future disputes. The Commission had to examine the negotiation process, the contents of the agreement, and whether it complied with the provisions of the Fair Work Act.

After careful consideration of the evidence and arguments presented, Commissioner Matheson concluded that the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2022 met all the statutory requirements for approval. The Commission was satisfied that the agreement was made in good faith, involved genuine bargaining, and contained all the necessary provisions for dispute resolution and other essential terms and conditions of employment. As a result, the agreement was approved and will come into effect from 20 May 2022, with a nominal expiry date of 30 April 2026. The decision was based on the comprehensive review of the negotiation process and the contents of the agreement, which were found to be in compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established