Lincoln Sentry Group Pty Ltd Summary

[2013] FWCA 5405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lincoln Sentry Group Pty Ltd
(AG2013/1913)

LINCOLN SENTRY GROUP PTY LTD PRESTONS WAREHOUSE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER GREGORY	MELBOURNE, 13 AUGUST 2013

Application for approval of the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Lincoln Sentry Group Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lincoln Sentry Group Pty Ltd, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission. The legal issues centred on whether the agreement met the requirements of the Act, particularly in terms of its provision for the employees' minimum entitlements and the process by which it was negotiated. The applicant argued that the agreement was fairly negotiated and provided for the employees' minimum entitlements as required by the legislation. The Commission examined the negotiation process and the contents of the agreement to determine if it complied with the statutory requirements.

In its decision, the Commission considered the evidence presented regarding the negotiation process, including the steps taken to ensure that the agreement was negotiated fairly. The Commission also assessed whether the agreement provided for the employees' minimum entitlements as mandated by the Fair Work Act 2009. The Commission found that the negotiation process was satisfactory and that the agreement provided for the employees' minimum entitlements. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2013. This approval was based on the finding that the agreement was negotiated fairly and met the requirements of the Fair Work Act 2009, including the provision for employees' minimum entitlements. The decision provides clarity for both the employer and the employees regarding the terms and conditions of their employment under the approved agreement.

Lincoln Sentry Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established