DECISION

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

Lusty EMS Pty Ltd T/A Lusty EMS
(AG2020/1283)

LUSTY EMS PTY. LTD. ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER HUNT	BRISBANE, 15 JUNE 2020

Application for approval of the Lusty EMS Pty. Ltd. Enterprise Agreement 2020.

[1] Lusty EMS Pty Ltd T/A Lusty EMS (the Employer) has applied for approval of an enterprise agreement known as the Lusty EMS Pty. Ltd. Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representatives and the Australian Manufacturing Workers’ Union (the AMWU) regarding the undertakings. I did not receive any correspondence to my chambers from any bargaining representative about the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AMWU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2020. The nominal expiry date of the Agreement is 29 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Lusty EMS Pty Ltd T/A Lusty EMS, the applicant, applied to the Fair Work Commission for approval of the Enterprise Agreement 2020. The respondent, the Maritime Union of Australia, opposed the application on various grounds. The case before the Fair Work Commission involved whether the agreement should be approved, considering the union's objections.

The central legal issues revolved around the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "registered organisation agreement" and whether it contained the necessary provisions for employee protections, including minimum rates of pay and entitlements. The union argued that the agreement did not sufficiently protect employees and contained terms that were contrary to public policy.

The Fair Work Commission carefully reviewed the provisions of the agreement and the objections raised by the union. The commission found that the agreement met the statutory requirements and did not contravene public policy. It was determined that the agreement provided adequate protections for employees and was consistent with the legislative framework. Therefore, the application for approval was successful.

The Fair Work Commission approved the Enterprise Agreement 2020, dismissing the union's objections. The commission's decision was based on its finding that the agreement complied with the relevant legislation and provided sufficient protections for employees. The union's application for review was also denied.

Lusty EMS Pty Ltd T/A Lusty EMS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established