| [2023] FWCA 534 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lmats Pty Ltd T/A Laboratory For Materials Advanced Testing Services
(AG2023/188)
LMATS (Perth) collective agreement 2022-2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 21 FEBRUARY 2023 |
Application for approval of the LMATS (Perth) collective agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the LMATS (Perth) collective agreement 2022-2025 (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 T/A Laboratory For Materials Advanced Testing Services. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2023. The nominal expiry date of the Agreement is 23 February 2027.
DEPUTY PRESIDENT
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- AGLC
- Lmats Pty Ltd T/A Laboratory For Materials Advanced Testing Services [2023] FWCA 534
- Case
- [2023] FWCA 534
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to address were whether the collective agreement had been genuinely negotiated and if it met the criteria for approval as stipulated in the Act. The Commission examined whether the applicant had followed the necessary procedural steps in negotiating the agreement and whether the agreement provided for minimum terms and conditions of employment that were no less favourable than those provided by the relevant modern award. Additionally, the Commission considered whether the agreement complied with the 'better off overall test', ensuring that employees would be no worse off financially under the agreement than they would be under the applicable modern award.
The Commission found that the applicant had followed the necessary procedural steps in negotiating the agreement and that the agreement had been genuinely negotiated. It was determined that the agreement provided for minimum terms and conditions of employment that were no less favourable than those provided by the relevant modern award. Furthermore, the Commission concluded that the agreement satisfied the better off overall test, as employees would be no worse off financially under the agreement than they would be under the applicable modern award. As a result, the Commission approved the LMATS (Perth) Collective Agreement 2022-2025.
The final orders of the Commission were that the LMATS (Perth) Collective Agreement 2022-2025 be approved under the Fair Work Act 2009. The approved agreement would apply to the employees of Lmats Pty Ltd, trading as Laboratory for Materials Advanced Testing Services, and would be registered with the Fair Work Commission. This decision allowed the agreement to take effect from the date of approval and provided a framework for the terms and conditions of employment for the relevant employees for the duration of the agreement.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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