DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lympack Pty Ltd T/A LeadAir Ductwork Services
(AG2020/1380)

LYMPACK PTY LTD ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2020

Application for approval of the Lympack Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Lympack Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lympack Pty Ltd T/A LeadAir Ductwork Services. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2020. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lympack Pty Ltd trading as LeadAir Ductwork Services, sought approval of an enterprise agreement in the Fair Work Commission. The respondent, the Australian Manufacturing Workers' Union, objected to the application on several grounds, including that the agreement did not provide for adequate pay rates and conditions for employees. The matter was heard by the Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for appropriate terms and conditions for employees, including minimum pay rates, penalty rates, and other employment conditions. The Commission also had to consider whether the agreement complied with the requirements for good faith bargaining and whether it was in the best interests of the employees.

In its decision, the Commission found that the proposed enterprise agreement did not adequately provide for appropriate pay rates and conditions for employees. The Commission noted that the agreement did not provide for minimum pay rates that were commensurate with the skills and responsibilities of the employees, and that it did not provide for adequate penalty rates for weekend and public holiday work. The Commission also found that the agreement did not adequately address issues such as leave entitlements and termination of employment. The Commission concluded that the agreement did not meet the requirements of the Fair Work Act and refused to approve it.

The Commission's decision highlights the importance of ensuring that enterprise agreements provide for appropriate terms and conditions for employees. Employers and unions must ensure that any proposed agreement meets the requirements of the Fair Work Act and provides for adequate pay rates and conditions for employees. Failure to do so may result in the agreement being refused approval by the Commission.

Lympack Pty Ltd T/A LeadAir Ductwork Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established