DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luba Scaf Pty Ltd
(AG2021/4297)

LUBA SCAF PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 13 MAY 2021

Application for approval of the Luba Scaf Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Luba Scaf Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luba Scaf Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[1] The Applicant has provided written undertakings. 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.

[2] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[1] Noting clause 3.9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[2] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Luba Scaf Pty Ltd, an employer, applied for the Fair Work Commission's approval of the Luba Scaf Pty Ltd Enterprise Agreement 2021-2025, which was negotiated with its employees. The agreement covered various terms and conditions of employment, including wages, working hours, and other employment-related matters. The application came before the Fair Work Commission, which was tasked with assessing whether the agreement complied with the Fair Work Act 2009 and met the requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in good faith, whether it was fairly negotiated, and whether it met the "better off overall test". The Commission also needed to ensure that the agreement did not undermine the protection of employees' rights and did not contravene any other relevant legislation.

The Fair Work Commission found that the Luba Scaf Pty Ltd Enterprise Agreement 2021-2025 was made in good faith and fairly negotiated. The agreement met the "better off overall test" and did not undermine the protection of employees' rights. The Commission also determined that the agreement complied with all other relevant statutory requirements. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Luba Scaf Pty Ltd Enterprise Agreement 2021-2025, subject to certain conditions and modifications to address minor technical issues. The approval ensures that the agreement will govern the terms and conditions of employment between the employer and its employees for the specified period.

Luba Scaf 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