Lynch Manufacturing Group Pty Ltd T/A Lynch Group

Case [2023] FWCA 977
[2023] FWCA 977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lynch Manufacturing Group Pty Ltd T/A Lynch Group

(AG2023/774)

LYNCH MANUFACTURING GROUP - UNITED WORKERS UNION - NATIONAL ENTERPRISE AGREEMENT 2022

Agricultural industry

COMMISSIONER SIMPSON

BRISBANE, 5 APRIL 2023

Application for approval of the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2022 (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 T/A Lynch Group (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 UWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519644  PR760829>

Details
AGLC
Lynch Manufacturing Group Pty Ltd T/A Lynch Group [2023] FWCA 977
Case
[2023] FWCA 977
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Lynch Manufacturing Group Pty Ltd, trading as Lynch Group, applied for approval of the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2022. The union, United Workers Union, supported the application, while other unions opposed it. The central dispute involved the terms and conditions of employment for workers within the manufacturing sector, as outlined in the proposed enterprise agreement.

The key legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for a valid enterprise agreement. Specifically, the Commission needed to determine if the agreement appropriately addressed minimum entitlements, provided for proper consultation and notice procedures, and if it complied with the provisions of the Fair Work Act regarding the process for making an enterprise agreement.

The Commission found that the proposed agreement met the necessary legal standards. It contained all required terms and conditions, including minimum entitlements, and appropriately addressed the process for making the agreement. The Commission concluded that the agreement was made in good faith and was therefore valid. The application was approved, allowing the agreement to take effect from the specified date.

The final orders included the approval of the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2022, with the agreement to commence on the date specified in the application. The Commission also ordered that the agreement be registered with the Fair Work Commission and published in accordance with the requirements of the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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