DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lincoln Sentry Group Pty Ltd
(AG2016/3184)

LINCOLN SENTRY GROUP PTY LTD PRESTONS WAREHOUSE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2016 (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.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Lincoln Sentry Group Pty Ltd sought approval of the Prestons Warehouse Enterprise Agreement 2016. The applicant, a provider of security services, and the union, United Voice, a representative of the employees, had entered into the agreement, which contained terms and conditions for the employees of the warehouse division of the applicant's business. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained the mandated minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission needed to consider whether the agreement was free from any contraventions of the Act.

The Commission found that the agreement had been made in accordance with the procedural requirements, including the involvement of the union and the provision of necessary information to the employees. It also found that the agreement contained all the mandated minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Prestons Warehouse Enterprise Agreement 2016.

The Fair Work Commission approved the Prestons Warehouse Enterprise Agreement 2016, effective from 1 May 2016, and made an order that the agreement be registered in the Register of Approved Agreements. The order also provided for the agreement to be binding on the applicant and the employees covered by the agreement.

Lincoln Sentry Group 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