Lyon Technics Pty Ltd Summary

[2024] FWCA 2322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lyon Technics Pty Ltd

(AG2024/1754)

LYON TECHNICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 21 JUNE 2024

Application for approval of the Lyon Technics Pty Ltd Single Enterprise Agreement 2024

Lyon Technics Pty Ltd has applied for approval of a single enterprise agreement known as the Lyon Technics Pty Ltd Single Enterprise Agreement 2024 (the Agreement).

Employees were not given notice of the time, place and voting method for the Agreement at least seven clear days before the vote to approve the Agreement commenced. The Applicant has explained the circumstances and on that basis, I am satisfied that what occurred was a minor procedural error that is not likely to have disadvantaged any employee or to have affected the outcome of the vote.

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 28 June 2024. The nominal expiry date of the Agreement is 21 June 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Lyon Technics Pty Ltd, the Fair Work Commission was called upon to approve the Single Enterprise Agreement (SEA) between the employer, Lyon Technics Pty Ltd, and the union, the Electrical Trades Union of Australia. The union had submitted the proposed agreement for endorsement, seeking to formalise the terms and conditions of employment for the employees covered under the agreement. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive terms of the agreement.

The Commission examined whether the union had followed proper procedures in the negotiation and submission of the agreement. This involved assessing whether the union had provided adequate notice to the employer, whether the employer had been given a reasonable opportunity to respond, and whether the union had genuinely negotiated the agreement in good faith. Additionally, the Commission considered the fairness of the substantive terms of the agreement, including wage rates, classification, and other employment conditions, against the backdrop of relevant industry benchmarks and the general principles of fairness as established in previous cases.

After reviewing the submissions and evidence presented, the Commission found that the union had followed the necessary procedural steps and had genuinely negotiated the agreement. The Commission also determined that the substantive terms of the agreement were fair and reasonable, taking into account the economic climate, industry standards, and the specific circumstances of the employees. Consequently, the Commission approved the Single Enterprise Agreement, recognising it as a valid and binding agreement between the employer and the union.

The final orders of the Commission included the formal approval of the Lyon Technics Pty Ltd SEA 2024, which will now govern the employment conditions of the employees covered by the agreement, effective from the date of the decision.

Lyon Technics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established