DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LogiCamms Limited T/A LogiCamms
(AG2018/7021)

LOGICAMMS SA/NT ELECTRICAL ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 MARCH 2019

Application for approval of the LogiCamms SA/NT Electrical Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the LogiCamms SA/NT Electrical Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LogiCamms Limited T/A LogiCamms. 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, 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 March 2019 and, in accordance with s.54, will operate from 21 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

< AE502300 PR705845>

Annexure A

CaseChat Overview and Summary

The applicant, LogiCamms Limited trading as LogiCamms, sought approval of the LogiCamms SA/NT Electrical Enterprise Agreement 2018. The matter was heard by the Fair Work Commission. The dispute centred on whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009 for approval, including whether it provided for the fair and equitable treatment of employees and complied with the relevant provisions of the Act.

The Commission considered several key legal issues, including whether the agreement adequately addressed the terms and conditions of employment, if it complied with the provisions of the Fair Work Act, and if it provided for the protection of employees’ rights and entitlements. The Commission also examined whether the agreement met the requirements for employee consultation and representation.

In reaching its decision, the Commission examined the submissions from both the applicant and the respondent, as well as the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for the fair and equitable treatment of employees and complied with the provisions of the Act. The Commission concluded that the agreement was in the best interests of the employees and approved it. The Commission noted that the agreement included provisions for consultation and representation, and provided for the protection of employees’ rights and entitlements.

The Commission approved the LogiCamms SA/NT Electrical Enterprise Agreement 2018, subject to certain conditions. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the relevant employees.

LogiCamms Limited T/A LogiCamms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established