DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lynch Manufacturing Group Pty Ltd
(AG2016/7913)

LYNCH MANUFACTURING GROUP - NATIONAL UNION OF WORKERS - NATIONAL ENTERPRISE AGREEMENT 2016

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COMMISSIONER GREGORY	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the Lynch Manufacturing Group - National Union of Workers - National Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lynch Manufacturing Group - National Union of Workers - National Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lynch Manufacturing Group 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, 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 National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Lynch Manufacturing Group Pty Ltd involves the applicant, Lynch Manufacturing Group, seeking approval for their 2016 National Enterprise Agreement with the National Union of Workers. The Fair Work Commission (FWC) was tasked with determining whether the agreement complied with the necessary provisions under the Fair Work Act 2009. The union and the employer had reached a negotiated agreement, which was presented to the FWC for formal approval. The union argued that the agreement was fair and met the necessary conditions, while the employer, though not opposing the agreement, raised concerns about specific clauses. The FWC had to examine the agreement in detail, ensuring it aligned with the legislative framework and balanced the interests of both parties.

The primary legal issue before the FWC was to determine whether the agreement contained the required protections and entitlements as mandated by the Fair Work Act. This included verifying that the agreement provided for minimum rates of pay, reasonable working hours, and other entitlements such as leave provisions. Additionally, the FWC had to ensure that the agreement was not contrary to public policy, was procedurally fair, and had been negotiated in good faith. The court also needed to consider submissions from both parties and any other relevant evidence to make an informed decision.

In its decision, the FWC carefully reviewed the agreement, finding that it met all the legislative requirements. The FWC determined that the agreement contained appropriate minimum pay rates and conditions, did not contravene public policy, and was negotiated in good faith. The FWC also noted that the agreement provided a fair balance of rights and obligations for both the employer and the employees. Based on this comprehensive review, the FWC approved the Lynch Manufacturing Group - National Union of Workers - National Enterprise Agreement 2016. The FWC's decision was based on a thorough analysis of the agreement and a consideration of all relevant factors, ensuring compliance with the Fair Work Act.

Lynch Manufacturing Group 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