DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Logsys Power Services Pty Ltd
(AG2018/5727)

LOGSYS POWER SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MARCH 2019

Application for approval of the Logsys Power Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Logsys Power Services Pty Ltd 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 Logsys Power Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative for the Agreement, however it has advised that it does not wish to be covered by the Agreement.

[6] The Agreement was approved on 15 March 2019 and, in accordance with s.54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Logsys Power Services Pty Ltd applied for the approval of the Logsys Power Services Pty Ltd Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute concerned the terms of the enterprise agreement between the company and its employees, focusing on various employment conditions such as wages, working hours, leave entitlements, and other benefits. The primary issue was whether the agreement met the legal requirements under the Fair Work Act 2009, particularly in terms of ensuring that the agreement was not contrary to public policy and provided for fair and reasonable terms and conditions of employment.

The Commission examined the agreement to determine if it contained provisions that were not genuinely negotiated or that unfairly disadvantaged employees. It also considered whether the agreement adequately protected the rights of employees and provided for their fair treatment. After a thorough review, the Commission found that the agreement generally met the legal criteria for approval. The Commission noted that while there were minor issues, these did not significantly detract from the overall fairness and reasonableness of the agreement.

The Commission approved the enterprise agreement with minor modifications to address the identified issues. The approval ensures that the agreement will govern the employment conditions between Logsys Power Services Pty Ltd and its employees, subject to the terms set out in the approved agreement.

Logsys Power Services 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