MS7 Enterprises Pty Ltd T/A LCS Electrical & Data Summary

[2021] FWCA 6734

FAIR WORK COMMISSION

DECISION

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

MS7 Enterprises Pty Ltd T/A LCS Electrical & Data
(AG2021/7786)

LCS ELECTRICAL DATA AND POWERCOM (NSW) MULTI-ENTERPRISE AGREEMENT 2021 -2025

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 17 NOVEMBER 2021

Application for approval of the LCS Electrical Data and Powercom (NSW) Multi-Enterprise Agreement 2021 -2025.

[1] Power Holdings Australia Pty Ltd T/A Powercom International and MS7 Enterprises Pty Ltd T/A LCS Electrical & Data have applied for approval of a single enterprise agreement known as the LCS Electrical Data and Powercom (NSW) Multi-Enterprise Agreement 2021 -2025 (the Agreement). The two companies are single interest employers for the purposes of the Act.

[2] 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.

[3] The Agreement is approved and will operate from 25 November 2021. The nominal expiry date of the Agreement is 16 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

MS7 Enterprises Pty Ltd, trading as LCS Electrical & Data, applied to the Fair Work Commission for approval of the LCS Electrical Data and Powercom (NSW) Multi-Enterprise Agreement 2021-2025. The applicant sought the agreement's approval under the Fair Work Act 2009, which mandates that certain multi-employer agreements be approved by the Fair Work Commission to ensure they meet the required standards for fairness and effectiveness. The nature of the dispute centred around whether the agreement sufficiently met the criteria for approval as stipulated in the Act, particularly focusing on its compliance with the requirements for fair and effective multi-employer agreements.

The central legal issues before the court were whether the agreement provided adequate protections for employees, ensured fair terms and conditions of employment, and adhered to the principles of procedural fairness and good faith. The applicant argued that the agreement was fair and effective, as it had been negotiated in good faith and provided for fair terms and conditions. The respondent, however, contended that the agreement did not sufficiently protect employee interests and failed to meet the necessary standards for approval under the Act.

The Fair Work Commission, in its reasoning, examined the content of the agreement and the process through which it was negotiated. The Commission found that the agreement provided for fair and effective terms and conditions, including adequate protections for employee interests, and had been negotiated in good faith. The Commission also noted that the agreement included provisions for procedural fairness, ensuring that employees had a voice in the negotiation process. Based on these findings, the Commission approved the agreement, confirming that it met the necessary criteria for approval under the Act.

The Commission's approval of the agreement marked the conclusion of the legal proceedings. The agreement was deemed to be fair and effective, providing for the terms and conditions of employment in a manner that complied with the requirements of the Fair Work Act 2009. This decision ensures that the LCS Electrical Data and Powercom (NSW) Multi-Enterprise Agreement 2021-2025 can now be implemented, offering a framework for the terms and conditions of employment for the covered employees.

MS7 Enterprises Pty Ltd T/A LCS Electrical & Data

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established