LPC Trading Pty Ltd

[2013] FWCA 37

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

LPC Trading Pty Ltd
(AG2012/12935)

LPC TRADING PTY LTD DRIVERS ENTERPRISE AGREEMENT 2012

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 4 JANUARY 2013

Application for approval of the LPC Trading Pty Ltd Drivers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the LPC Trading Pty Ltd Drivers Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LPC Trading Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 11 January 2013. The nominal expiry date of the Agreement is 30 November 2015.

[4] The Transport Workers’ 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, LPC Trading Pty Ltd, sought approval for the LPC Trading Pty Ltd Drivers Enterprise Agreement 2012. The dispute was heard in the Fair Work Commission, where the company argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter involved the interpretation and application of various sections of the Act, including those relating to the procedural and substantive fairness of the agreement.

The primary legal issues before the Commission were whether the agreement was made in accordance with the mandatory requirements of the Act and whether it was fair and reasonable. The Commission had to examine whether the agreement was genuinely negotiated, whether it complied with procedural requirements, and if its terms were equitable and appropriate for the workforce it covered. Additionally, the Commission needed to determine if the agreement provided a safety net for employees and met the criteria for being registered by the Commission.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was genuinely negotiated and met the necessary procedural requirements. The Commission also determined that the agreement provided a safety net for employees and contained terms that were fair and reasonable. The Commission approved the agreement, noting that it met the criteria for registration and was in the best interests of the employees and the employer.

As a result of the Commission's decision, the LPC Trading Pty Ltd Drivers Enterprise Agreement 2012 was approved and registered. The agreement now forms the basis for the employment conditions of the drivers employed by LPC Trading Pty Ltd, subject to the ongoing obligations and protections provided by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established