DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LMATS Pty Ltd
(AG2017/6652)

LMATS (MELBOURNE) COLLECTIVE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the LMATS (Melbourne) collective agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the LMATS (Melbourne) collective agreement 2017-2020 (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 23 February 2018. The nominal expiry date of the Agreement is 15 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LMATS Pty Ltd sought approval of the LMATS (Melbourne) collective agreement 2017-2020 in the Fair Work Commission. The agreement, entered into between LMATS and the Licensed Mobile Telecommunications Association of Australia, proposed terms and conditions for employees working in the mobile telecommunications industry in Melbourne. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for a fair and efficient workplace and promoted harmonious, productive and cooperative workplace relations.

The primary legal issues the Commission was required to decide were whether the agreement was made in good faith and whether it complied with the "better off overall test" under the Fair Work Act. The Commission had to assess if the proposed terms and conditions were at least as good as the applicable award or registered agreement, and whether they provided for a fair and efficient workplace. Additionally, the Commission considered whether the agreement promoted harmonious, productive and cooperative workplace relations.

The Commission found that the agreement was made in good faith and met the "better off overall test". It concluded that the proposed terms and conditions were at least as good as, and in some instances better than, the applicable award or registered agreement. The Commission also found that the agreement provided for a fair and efficient workplace and promoted harmonious, productive and cooperative workplace relations. The Commission approved the LMATS (Melbourne) collective agreement 2017-2020, subject to certain conditions and modifications to ensure compliance with the Fair Work Act.

The Commission's decision highlights the importance of good faith bargaining and the need for collective agreements to provide for fair and efficient workplaces and promote harmonious, productive and cooperative workplace relations. Employers and employees should ensure that any collective agreements they enter into meet these criteria to avoid potential disputes and ensure compliance with the Fair Work Act.

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