LMOB Pty Ltd

[2013] FWCA 4891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LMOB Pty Ltd
(AG2013/1915)

LMOB PTY LTD ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JULY 2013

Application for approval of the LMOB Pty Ltd Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the LMOB Pty Ltd Enterprise Agreement 2010-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by LMOB Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LMOB Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2010-2014. The application was contested by the Construction, Forestry, Mining and Energy Union, who raised concerns about various provisions within the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether it was made in accordance with the procedural requirements outlined in the Act. The Commission examined the process by which the agreement was negotiated and whether it was made without coercion or undue influence. Additionally, it considered whether the agreement provided for appropriate mechanisms for resolving disputes and whether it met the criteria for being a single, integrated agreement.

The Commission found that the agreement was genuinely an enterprise agreement, having been negotiated in good faith and without any undue influence. The agreement contained the minimum terms and conditions required by the Act, including provisions for wages, classification, and other employment-related matters. Furthermore, the Commission was satisfied that the agreement was made in accordance with the procedural requirements of the Act, including the provision of relevant documents to the employees and the opportunity for them to seek independent legal advice. The Commission also noted that the agreement provided for adequate mechanisms for resolving disputes and was a single, integrated document. Consequently, the Commission approved the Enterprise Agreement 2010-2014.

In light of the findings, the Fair Work Commission approved the LMOB Pty Ltd Enterprise Agreement 2010-2014, effective from the date of the decision. The decision confirms the validity of the agreement and its compliance with the statutory requirements under the Fair Work Act 2009. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between LMOB Pty Ltd and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established