LPB Utilities Pty Ltd Summary

[2023] FWCA 981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LPB Utilities Pty Ltd

(AG2023/520)

LPB UTILITIES PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 3 APRIL 2023

Application for approval of the LPB Utilities Pty Ltd Enterprise agreement 2022.

LPB Utilities Pty Ltd (the Employer) has made an application for the approval of the LPB Utilities Pty Ltd Enterprise agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clauses 9 d) and 9 d) (a) – Termination of Employment
- Clause 20 – Compassionate Leave

Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2023. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LPB Utilities Pty Ltd applied to the Fair Work Commission for approval of the LPB Utilities Pty Ltd Enterprise Agreement 2022, which was intended to cover its employees. The dispute arose as some employees contested the proposed agreement, leading to the need for the Commission's review and approval. The primary legal issues the Commission had to address were whether the agreement provided for the employees' minimum entitlements, and whether it had been made in accordance with the relevant provisions of the Fair Work Act 2009. The Commission examined the agreement's provisions on wages, leave, and other employment conditions to ensure they met or exceeded the minimum standards set by the Act. Additionally, the Commission considered whether the agreement was genuinely negotiated and whether it complied with the procedural requirements for enterprise agreements.

After reviewing the evidence and submissions from both the company and the employees, the Commission found that the proposed agreement met the statutory requirements. The agreement contained provisions that ensured employees were paid at least the applicable award or registered agreement rates, and it included adequate provisions for leave entitlements. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and that all procedural requirements had been met. As a result, the Commission approved the enterprise agreement, confirming that it complied with the necessary legal standards and could be implemented. This approval allows the company and its employees to be governed by the terms of the 2022 agreement, providing a framework for their employment conditions.

LPB Utilities Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established