Lyla Holdings Pty Ltd

[2014] FWCA 8542

FAIR WORK COMMISSION

DECISION

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

Lyla Holdings Pty Ltd
(AG2014/9584)

MAYVIS ELECTRICAL ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 NOVEMBER 2014

Application for approval of the Mayvis Electrical Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Mayvis Electrical Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lyla Holdings Pty Ltd. The agreement is a single-enterprise agreement.

[2] In my view, the Consultation term provision in clause 12 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 4 December 2014. The nominal expiry date of the Agreement is 26 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lyla Holdings Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Mayvis Electrical Enterprise Agreement 2014-2018. The application was brought by Mayvis Electrical, a company that sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement had been negotiated in good faith, contained no unfair provisions, and complied with the relevant statutory requirements.

The central legal issues before the Commission were whether the agreement had been genuinely negotiated in good faith, whether it contained any unfair provisions, and whether it complied with the statutory requirements for registration. The Commission considered the evidence provided by both parties and examined the provisions of the agreement in detail.

The Commission found that the agreement had indeed been negotiated in good faith and contained no unfair provisions. It noted that the parties had engaged in extensive negotiations, had made compromises, and had arrived at a fair and reasonable agreement. The Commission also found that the agreement complied with the statutory requirements for registration and was therefore eligible for approval. The Commission approved the agreement, and it became a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Mayvis Electrical Enterprise Agreement 2014-2018, finding that it had been negotiated in good faith, contained no unfair provisions, and complied with the relevant statutory requirements. The agreement was registered under the Fair Work Act 2009, and the Commission's decision was final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established