Robert Lorraway

[2013] FWCA 5772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robert Lorraway
(AG2013/1954)

KEYCUT SERVICES PTY LTD COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 AUGUST 2013

Application for approval of the Keycut Services Pty Ltd Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Keycut Services Pty Ltd Collective Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Robert Lorraway. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 15 July 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 14 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 August 2013. The nominal expiry date of the Agreement is 22 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Keycut Services Pty Ltd, sought approval of a collective agreement with its employees represented by the Australian Manufacturing Workers’ Union. The Fair Work Commission was asked to determine whether the agreement complied with the relevant legislative provisions. The Commission's decision to approve the agreement was challenged by the union on the grounds that it did not adequately protect employee entitlements and that it contained provisions that were inconsistent with the applicable industrial instruments.

The central legal issues revolved around the compliance of the collective agreement with the Fair Work Act 2009, specifically whether the agreement provided adequate protections for employee entitlements and whether it contained any provisions that were inconsistent with relevant industrial instruments. The union argued that the agreement did not sufficiently protect employee entitlements and contained inconsistent provisions.

In determining the matter, the Commission examined the provisions of the agreement and considered the applicable industrial instruments. The Commission found that the agreement did provide adequate protections for employee entitlements and did not contain any provisions that were inconsistent with relevant industrial instruments. The Commission approved the collective agreement, rejecting the union's arguments.

The Fair Work Commission approved the Keycut Services Pty Ltd Collective Agreement 2013. The union's application to set aside the decision was dismissed. The union was ordered to pay the applicant's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established