DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LJ Services Pty Ltd T/A LJ Services
(AG2018/4893)

LJ SERVICES PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2019

Application for approval of the LJ Services Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the LJ Services Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LJ Services Pty Ltd T/A LJ Services. The Agreement is a single enterprise agreement.

[2] The Employer 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, LJ Services Pty Ltd trading as LJ Services, applied to the Fair Work Commission for approval of the LJ Services Pty Ltd Enterprise Agreement 2018 - 2022. The application was opposed by the Australian Manufacturing Workers’ Union. The dispute centred around the validity of the proposed enterprise agreement, particularly in terms of its compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The central legal issues that the Commission had to address were whether the agreement met the statutory requirements for a modern award and whether it contained the necessary provisions for the protection of employee rights and interests.

In assessing the application, the Commission examined the provisions of the proposed agreement against the benchmarks set by the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission noted that the agreement had been developed through a process of good faith bargaining and that both parties had engaged in discussions to reach a consensus. The Commission further considered the nature of the industry, the specific roles of the employees, and the overall economic context. The Commission found that the agreement contained all the mandated provisions and provided fair terms and conditions for the employees, including adequate provisions for wages, leave entitlements, and dispute resolution mechanisms. Based on this analysis, the Commission determined that the agreement was compliant with the statutory requirements and met the necessary standards for approval.

Consequently, the Fair Work Commission approved the LJ Services Pty Ltd Enterprise Agreement 2018 - 2022, finding it to be a lawful and fair agreement. The decision was based on the comprehensive evaluation of the agreement’s provisions, the bargaining process, and the compliance with relevant legislative standards. The Commission’s approval ensures that the terms and conditions of employment for the employees are regulated under the approved agreement, providing a clear framework for both employers and employees moving forward.

LJ Services Pty Ltd T/A LJ Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established