Lusty Ems Pty. Ltd. Summary

[2013] FWCA 9164

FAIR WORK COMMISSION

DECISION

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

Lusty Ems Pty. Ltd.
(AG2013/10944)

LUSTY EMS PTY. LTD. ENTERPRISE AGREEMENT 2013

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2013

Application for approval of the Lusty EMS Pty. Ltd. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe

Lusty EMS Pty. Ltd. Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lusty EMS Pty. Ltd. (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Lusty EMS Pty. Ltd. applied to the Fair Work Commission for approval of the Enterprise Agreement 2013, which had been made between the company and its employees. The application was contested by the Australian Manufacturing Workers Union, which argued that the agreement did not meet certain statutory requirements. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009.

The central legal issue was whether the Enterprise Agreement contained all the necessary provisions mandated by the Fair Work Act 2009, and whether it had been made in accordance with the relevant provisions of the Act. Specifically, the Union argued that the agreement did not contain certain minimum terms and conditions, and that it had not been made in accordance with the procedural requirements of the Act.

The Commission found that the Enterprise Agreement did not include all the mandatory minimum terms and conditions required by the Fair Work Act 2009, and that it had not been made in accordance with the procedural requirements of the Act. As a result, the application for approval was dismissed. The Commission noted that the agreement did not contain certain minimum terms and conditions, such as provisions relating to termination of employment, and that it had not been made in accordance with the requirements of the Act, as it had not been certified by the Commission prior to its operation.

The Fair Work Commission dismissed the application for approval of the Enterprise Agreement 2013, and ordered that the agreement be returned to the parties for amendment and re-application. The Union's objections were upheld, and the agreement was not approved as it did not meet the statutory requirements.

Lusty Ems Pty. Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established