DECISION

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

Lynch Manufacturing Group Pty Ltd T/A Lynch Group
(AG2020/1453)

LYNCH MANUFACTURING GROUP - UNITED WORKERS UNION - NATIONAL ENTERPRISE AGREEMENT 2019

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DEPUTY PRESIDENT CROSS	SYDNEY, 28 JUNE 2020

Application for approval of the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Lynch Manufacturing Group – United Workers Union – National Enterprise Agreement 2019 (‘the Agreement’). The application was made by Lynch Manufacturing Group Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The United Workers Union (“the UWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Lynch Manufacturing Group Pty Ltd T/A Lynch Group, the Fair Work Commission was asked to approve an enterprise agreement between the employer and the United Workers Union. The agreement, which was set to cover employees across various manufacturing facilities, aimed to outline the terms and conditions of employment for the workforce. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to consider whether the agreement had been made in accordance with the prescribed processes, and whether it complied with the provisions of the Act, particularly in relation to minimum entitlements and the protection of employee rights.

The primary legal issues before the Commission involved verifying that the agreement had been fairly negotiated and that it complied with the statutory minimum standards. The Commission had to ensure that the agreement did not disadvantage employees and that it adhered to the procedural requirements, including the provision of relevant information to employees and the opportunity for them to discuss the agreement. Additionally, the Commission needed to confirm that the agreement did not undermine the protections afforded by the Fair Work Act, such as minimum wage rates, penalty rates, and leave entitlements.

In delivering its decision, the Fair Work Commission examined the evidence presented by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement had been fairly negotiated and contained provisions that met or exceeded the statutory minimum standards. The Commission also noted that the agreement provided clear benefits to employees, such as improved leave entitlements and dispute resolution mechanisms. Based on these findings, the Commission approved the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2019, determining that it complied with the requirements of the Fair Work Act.

The final orders of the Commission mandated the approval of the enterprise agreement, which would now govern the employment conditions for the relevant employees. The decision underscored the importance of adhering to the negotiation and approval processes outlined in the Fair Work Act, ensuring that agreements are fair and provide adequate protections for employees. This case serves as a reminder for employers and unions to carefully consider the legal requirements when negotiating and finalising enterprise agreements.

Lynch Manufacturing Group Pty Ltd T/A Lynch Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established