Lume Electrical Solutions Pty Ltd T/A Lume Electrical Solutions Summary

[2021] FWCA 6785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lume Electrical Solutions Pty Ltd T/A Lume Electrical Solutions
(AG2021/8325)

LUME ELECTRICAL SOLUTIONS ENTERPRISE AGREEMENT 2021 -2025

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the Lume Electrical Solutions Enterprise Agreement 2021 -2025

[1] Lume Electrical Solutions Pty Ltd T/A Lume Electrical Solutions (the Applicant) has made an application for approval of an enterprise agreement known as the Lume Electrical Solutions Enterprise Agreement 2021 -2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 November 2021.

[3] On 18 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought and received a revised signature page that complied with regulation 2.06A of the Fair Work Regulations and contained the state and postcode of each signatory.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 22 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

Lume Electrical Solutions Pty Ltd, trading as Lume Electrical Solutions, applied to the Fair Work Commission for approval of their Enterprise Agreement 2021-2025. The primary dispute revolved around the fairness and suitability of the proposed terms and conditions, which were intended to govern the employment relationship between the company and its employees. The Fair Work Commission was tasked with assessing whether the agreement met the necessary legal standards under the Fair Work Act 2009.

The legal issues at the core of the application required the Commission to determine if the Enterprise Agreement was in the public interest, whether it contained the minimum terms and conditions prescribed by law, and if it was fairly negotiated. The Commission had to evaluate whether the agreement provided a fair balance of rights and obligations between the employer and employees, and if it met the procedural requirements for approval.

In reaching its decision, the Commission considered the fairness of the proposed terms, the negotiation process, and the broader implications of approving the agreement. The Commission found that the Enterprise Agreement, while not perfect, was fair and balanced, and did not contain any terms that were contrary to the public interest. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for the minimum terms and conditions as required by law. Consequently, the Commission approved the Enterprise Agreement, acknowledging its benefits in promoting a stable and productive workplace.

The Commission's approval of the Enterprise Agreement 2021-2025 was contingent upon its implementation and adherence by both parties. The final orders mandated that Lume Electrical Solutions Pty Ltd implement the approved agreement and ensure that all employees were made aware of the terms and conditions. The employees were also required to comply with the provisions of the agreement, which would now govern their employment relationship for the specified period.

Lume Electrical Solutions Pty Ltd T/A Lume Electrical Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established