DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lucas Total Contract Solutions (Services) Pty Ltd
(AG2014/10916)

LUCAS TCS ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 26 MARCH 2015

Application for approval of the Lucas TCS Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Lucas TCS Enterprise Agreement 2014 (the Agreement) has been made by Lucas Total Contract Solutions (Services) Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The Construction, Forestry Mining and Energy Union (the CFMEU), being a bargaining representative for the Agreement, has filed a Form F18 Statutory Declaration. The CFMEU opposed the approval of the Agreement. A hearing in relation to the CFMEU’s arguments and other issues relating to the approval of the Agreement was held on 5 February 2015 and written submissions were subsequently provided by the parties. A decision was issued on 20 March 2015. 1

[3] Arising from the decision the employer has provided certain undertakings in accordance with s.190(3) of the Act. The undertakings meet the concerns expressed in the decision and otherwise meet the requirements of s.190 of the Act. The undertakings will be taken to be terms of the Agreement are appended to the Agreement as Schedule A.

[4] The CFMEUhas given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the CFMEU.

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

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 2 April 2015. The nominal expiry date of the Agreement is 26 March 2019.

DEPUTY PRESIDENT

1 [2015] FWC 1947

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lucas Total Contract Solutions (Services) Pty Ltd (Lucas TCS) applied to the Fair Work Commission for approval of the Lucas TCS Enterprise Agreement 2014. The application was opposed by the Transport Workers Union of Australia (TWU). The dispute centred on whether the agreement contained adequate provisions for the protection of employees’ rights and conditions, particularly regarding pay rates and working hours. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court needed to decide whether the provisions in the agreement adequately protected the employees’ rights and conditions, including the payment of minimum rates of pay, and whether the agreement contained appropriate mechanisms for resolving disputes. Additionally, the court examined whether the agreement complied with the procedural requirements of the Fair Work Act, such as whether it was made in good faith and whether the bargaining process was genuine. The court also considered the balance between the interests of the employer and the employees, ensuring that the agreement did not unjustifiably disadvantage any party.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement contained sufficient provisions to protect the employees’ rights and conditions. The commission noted that the agreement provided for the payment of minimum rates of pay and included dispute resolution mechanisms. The commission also concluded that the agreement was made in good faith and that the bargaining process was genuine. Therefore, the Fair Work Commission approved the Lucas TCS Enterprise Agreement 2014. The decision emphasised the importance of balancing the interests of both the employer and the employees while ensuring compliance with statutory requirements.

Lucas Total Contract Solutions (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