Lmats Pty Ltd Summary

[2025] FWCA 2839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lmats Pty Ltd

(AG2025/2683)

LMATS (VIC) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 25 AUGUST 2025

Application for approval of the LMATS (VIC) Enterprise Agreement 2025

Lmats Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the LMATS (VIC) Enterprise Agreement 2025 (the Agreement).

Clause 5 of the Agreement reproduces s.203 of the Act but does not address the requirements under s.203. In particular, it does not specify which matters may be the subject of a flexible working arrangement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Clause 6 of the Agreement, relating to Workplace Delegates and Employee Representatives provides certain entitlements for representatives and incorporates the Workplace Delegates’ Rights terms of the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). Noting Clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of Clause 40A of the Award prevail where there is an inconsistency between the Agreement and the Award.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2025. The nominal expiry date of the Agreement is 25 August 2029.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Lmats Pty Ltd, sought approval of the LMATS (VIC) Enterprise Agreement 2025. The agreement was made between the employer, Lmats Pty Ltd, and the union representing the employees, the Transport Workers Union of Australia. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether the agreement had been made in good faith, and whether the agreement met the statutory requirements for approval, including the proper consultation process and the inclusion of a direct or indirect reference to the Fair Work Act 2009. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests and whether it was in the best interests of the employees.

After considering the evidence and submissions presented by the parties, the Commission found that the agreement met the legal requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, had been made in good faith, and met the statutory requirements for approval, including the proper consultation process and the inclusion of a direct or indirect reference to the Fair Work Act 2009. The Commission also found that the agreement provided for the protection of employees' rights and interests and was in the best interests of the employees.

The Commission approved the LMATS (VIC) Enterprise Agreement 2025, which will now be in effect from 1 January 2025. The agreement provides for wages, hours of work, leave entitlements, and other employment-related matters for the employees represented by the union. The approval of the agreement is subject to the parties complying with the terms and conditions set out in the agreement and the Fair Work Act 2009.

Lmats Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established