DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lusty Ems Pty Ltd
(AG2018/123)

LUSTY EMS PTY. LTD. ENTERPRISE AGREEMENT 2017

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2018

Application for approval of the Lusty EMS Pty. Ltd. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lusty EMS Pty. Ltd. Enterprise Agreement 2017 (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 agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 3 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lusty EMS Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The applicant company argued the agreement was appropriate for its employees, while the objectors contended it was not in the best interests of the workforce. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it was appropriately made without undue influence or coercion, and whether it was in the best interests of the employees. The Commission examined the process by which the agreement was negotiated, the content of the agreement, and the fairness of its terms to the employees.

The Commission found that the agreement was genuinely an enterprise agreement and was made without any undue influence or coercion. It was determined that the negotiation process was fair and the terms of the agreement were reasonable and in the best interests of the employees. Accordingly, the Commission approved the enterprise agreement. The objectors' arguments were dismissed as lacking merit, and the applicant's application was successful.

The Commission approved the Lusty EMS Pty Ltd Enterprise Agreement 2017. The objectors' objections were dismissed, and the application for approval of the enterprise agreement was granted.

Lusty Ems 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