LSA Services Pty Ltd Summary

[2013] FWCA 9112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LSA Services Pty Ltd
(AG2013/2426)

LSA SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 NOVEMBER 2013

Application for approval of the LSA Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as LSA Services Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made by LSA Services Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, LSA Services Pty Ltd, applied to the Fair Work Commission for the approval of the LSA Services Pty Ltd Enterprise Agreement 2013. The applicant sought to have the agreement certified as a single-enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the relevant provisions of the Act and whether it met the necessary criteria for approval.

The primary legal issue for the Commission was whether the agreement provided for the appropriate minimum terms and conditions for employees, ensured procedural fairness in its creation, and was in the best interests of the employees. The Commission needed to assess whether the agreement complied with the statutory requirements for a single-enterprise agreement and whether the process by which the agreement was formed was fair and appropriate.

The Commission found that the agreement contained provisions for minimum wages and conditions that met the requirements of the Act. The Commission was satisfied that the process for forming the agreement was fair and appropriate, as it involved genuine negotiations between the parties and was not made under duress. The Commission concluded that the agreement was in the best interests of the employees, as it provided for reasonable terms and conditions of employment. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the LSA Services Pty Ltd Enterprise Agreement 2013 as a single-enterprise agreement under the Fair Work Act 2009. The Commission determined that the agreement met the necessary statutory requirements and was in the best interests of the employees. The decision is a significant outcome for the parties involved, providing certainty and clarity regarding the terms and conditions of employment for the employees covered by the agreement.

LSA Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established