Living Architecture Systems Pty Ltd T/A Coolth Inc Summary

[2023] FWCA 1265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Living Architecture Systems Pty Ltd T/A Coolth Inc

(AG2023/1112)

LIVING ARCHITECTURE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2023

Gardening services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 3 MAY 2023

Application for approval of the Living Architecture Systems Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Living Architecture Systems Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Living Architecture Systems Pty Ltd T/A Coolth Inc. 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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 33 – Compassionate Leave;
·           Clause 46 – Abandonment of Employment; and
·           Clause 49 – Deductions.

However, noting clause 4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2023. The nominal expiry date of the Agreement is 3 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Living Architecture Systems Pty Ltd, trading as Coolth Inc, applied for approval of the Living Architecture Systems Pty Ltd Enterprise Agreement 2023. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement, which was entered into by the employer and the employees represented by the Australian Manufacturing Workers’ Union, sought to govern the terms and conditions of employment for the employees.

The key legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly section 233, which sets out the criteria for an enterprise agreement to be considered "protected action" and thus eligible for approval. The Commission had to assess whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Additionally, the Commission considered whether the agreement facilitated or improved the efficiency of the workplace, as required by the Act.

The Commission found that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions. The agreement provided for the payment of wages, hours of work, and other employment-related matters in accordance with the Act. Furthermore, the Commission determined that the agreement facilitated or improved the efficiency of the workplace by introducing measures that promoted productivity and innovation. Based on these findings, the Commission approved the agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission approved the Living Architecture Systems Pty Ltd Enterprise Agreement 2023. This approval is effective from the date specified in the agreement and will govern the terms and conditions of employment for the employees until it is superseded by a new agreement or until it is terminated in accordance with the Fair Work Act. The approval ensures that the agreement provides a fair and effective framework for the employment relationship between the employer and the employees.

Living Architecture Systems Pty Ltd T/A Coolth Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established