DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LMATS Pty Ltd
(AG2019/1388)

LMATS (PERTH) COLLECTIVE AGREEMENT 2019-2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 JUNE 2019

Application for approval of the LMATS (Perth) Collective Agreement 2019-2020.

[1] LMATS Pty Ltd has applied for approval of an enterprise agreement known as the LMATS (Perth) Collective Agreement 2019-2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged with the application contained a typographical error, at clause 2. An amended Agreement page was filed by the Applicant correcting the error. Employee bargaining representatives support the correction. I am satisfied that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the material contained in the application, accompanying statutory declaration and further information provided on request of the Commission, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, supports approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the statutory declaration provided, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 June 2019 and, in accordance with s.54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 7 June 2021.

[6] It is noted that, for the purposes of publication, the signature pages of the Agreement have been redacted in part for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LMATS Pty Ltd was the subject of an application before the Fair Work Commission for approval of the LMATS (Perth) Collective Agreement 2019-2020. The applicant sought to have the agreement, which was to govern the terms and conditions of employment for certain employees, recognised as a registered agreement under the Fair Work Act 2009. The application arose from negotiations between the applicant and the employees' union, which had resulted in a proposed agreement that both parties intended to put before the Commission for approval.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for registration under the Fair Work Act. This involved an examination of whether the agreement was genuinely negotiated, whether it contained the minimum terms and conditions mandated by the Act, and whether it complied with the procedural requirements for registration. The Commission also had to consider whether the agreement was in the best interests of the employees it was intended to cover, and whether it contained any terms that were contrary to public policy.

In reaching its decision, the Commission considered the evidence and submissions provided by both the applicant and the union. The Commission noted that the agreement had been genuinely negotiated between the parties and that it contained the minimum terms and conditions required by the Act. The Commission also found that the agreement complied with the procedural requirements for registration and that it was in the best interests of the employees. Importantly, the Commission was satisfied that none of the terms of the agreement were contrary to public policy. Having considered all the evidence and submissions, the Commission approved the proposed agreement.

As a result of the Commission's decision, the LMATS (Perth) Collective Agreement 2019-2020 was registered as a registered agreement under the Fair Work Act. This means that the terms and conditions set out in the agreement will apply to the employees it covers, and the agreement will have legal effect. The decision provides certainty to both the employer and the employees regarding their rights and obligations under the agreement.

LMATS 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