DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lincoln Sentry Group Pty Ltd
(AG2016/1049)

LINCOLN SENTRY (BAYSWATER) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Lincoln Sentry (Bayswater) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lincoln Sentry (Bayswater) 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 June 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lincoln Sentry Group Pty Ltd, sought approval of the Lincoln Sentry (Bayswater) Enterprise Agreement 2016 under the Fair Work Act 2009. The applicant argued that the agreement, which was intended to govern the employment conditions of its employees, was fair and appropriate. The Fair Work Commission, represented by a delegate, was tasked with determining whether the agreement met the criteria for approval as stipulated in the Act.

The primary legal issue before the Commission was whether the enterprise agreement was fair and reasonable in all its terms. This required consideration of various factors, including whether the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award, and whether it was free from any unlawful content. Additionally, the Commission needed to assess whether the agreement was genuinely negotiated between the employer and the relevant employee representatives, and whether it was appropriately certified by the Australian Building and Construction Commission.

The Commission found that the enterprise agreement was fair and reasonable. It determined that the agreement did not provide for terms and conditions that were less favourable than the applicable award, and that it contained no unlawful provisions. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated between the parties and had been appropriately certified. Given these findings, the Commission approved the enterprise agreement, recognising it as a valid and enforceable document under the Fair Work Act.

In summary, the Fair Work Commission approved the Lincoln Sentry (Bayswater) Enterprise Agreement 2016, finding it to be fair and reasonable in all its terms. The Commission's decision was based on its assessment that the agreement met all the statutory requirements for approval, including being free from any unlawful content, not providing for less favourable terms than the applicable award, and having been genuinely negotiated and certified.

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