DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LNB Electrics Pty Ltd
(AG2019/1493)

LNB ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2019 – 2023

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2019

Application for approval of the LNB Electrics Pty Ltd Enterprise Agreement 2019 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the LNB Electrics Pty Ltd Enterprise Agreement 2019 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LNB Electrics Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 28 June 2019 and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 27 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LNB Electrics Pty Ltd sought approval of an Enterprise Agreement from 2019 to 2023, which was opposed by the Electrical Trades Union of Australia. The matter was brought before the Fair Work Commission (FWC), which was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The central legal issues before the FWC were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the FWC had to consider if the agreement was made in good faith, if the process leading to the agreement was appropriate, and if the terms and conditions of the agreement were fair and reasonable.

In examining the case, the FWC evaluated the evidence provided by both parties and considered the statutory criteria for approving an enterprise agreement. The FWC noted that while the Electrical Trades Union of Australia had raised concerns about certain provisions of the agreement, the majority of the evidence suggested that the agreement was made in good faith and followed a fair process. The FWC also found that the terms and conditions of the agreement were fair and reasonable, taking into account the need for flexibility and efficiency in the workplace.

Ultimately, the FWC approved the LNB Electrics Pty Ltd Enterprise Agreement 2019 – 2023, determining that it met the necessary criteria under the Fair Work Act. The FWC's decision was based on the evidence presented and its assessment of the agreement's compliance with the relevant legal standards.

LNB Electrics 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