DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LMATS Pty Ltd
(AG2018/486)

LMATS (NSW) COLLECTIVE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 17 MAY 2018

Application for approval of the LMATS (NSW) collective agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the LMATS (NSW) collective agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LMATS Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 24 May 2018. The nominal expiry date of the Agreement is 16 May 2022

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LMATS Pty Ltd sought approval for a collective agreement with its employees represented by the Labor Hire and Industrial Contractors Association. The Fair Work Commission was asked to approve the agreement under section 235 of the Fair Work Act 2009. The dispute arose from the company's proposed changes to employee pay rates and conditions, which the union contested as unfair and unjust. The Commission needed to determine if the agreement met the requirements of the Act, particularly if it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the proposed changes to pay rates and conditions were reasonable and fair, and if the agreement adequately protected the employees' interests. The company argued that the changes were necessary to remain competitive in the labour hire industry. The union contended that the proposed changes would negatively impact the employees' standard of living and working conditions. The Commission had to balance the need for a fair agreement with the employer's need to remain competitive.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes to pay rates and conditions were reasonable and fair. The agreement provided for adequate protections for the employees, including provisions for minimum wage increases, penalty rates, and leave entitlements. The Commission approved the collective agreement, finding that it met the requirements of the Fair Work Act. The company and the union were required to implement the agreement, and the employees' terms and conditions of employment were updated accordingly.

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