The Australian Workers’ Union Summary

[2013] FWCA 2081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/538)

LOGICAL PROPERTY SERVICES PTY LTD ANGLESEA SHUTDOWN AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 APRIL 2013

Application for approval of the Logical Property Services Pty Ltd Anglesea Shutdown Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Logical Property Services Pty Ltd Anglesea Shutdown Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made The Australian Workers’ Union (AWU). The agreement is a greenfields agreement.

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

[3] The Applicant has alerted the Commission to an error in the Agreement relating to one of the wage rates. The C11 rate as it appears in clause 7 does not equate to 97.5% of the C10 rate. Therefore, pursuant to s.586 of the Act, the C11 rate is corrected to read $1330.03.

[4] I am satisfied that the AWU, the employee organisations to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 12 April 2013. The nominal expiry date of the Agreement is 30 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union filed an application in the Fair Work Commission to approve the Logical Property Services Pty Ltd Anglesea Shutdown Agreement 2013. The agreement proposed changes to employee terms and conditions following a shutdown of operations at a property managed by Logical Property Services. The dispute centred around whether the proposed changes were fair and reasonable, particularly in relation to the redundancy payments offered to affected employees.

The legal issues before the Commission included whether the redundancy provisions in the agreement complied with the Fair Work Act 2009, and whether the agreement was made in good faith. The Commission also needed to determine if the changes to the employees' terms and conditions were fair and reasonable, considering the circumstances of the shutdown and the impact on the employees.

In its decision, the Fair Work Commission found that the agreement was made in good faith and that the redundancy provisions were fair and reasonable. The Commission acknowledged the difficult economic circumstances faced by Logical Property Services and the necessity of the shutdown. The Commission concluded that the proposed changes were reasonable and in line with the principles of procedural fairness. The agreement was approved, subject to certain conditions, to ensure that employees received appropriate compensation and support during the transition.

The final orders included the approval of the Anglesea Shutdown Agreement 2013 with conditions to protect the employees' interests. The Commission directed that the agreement be implemented in a manner that ensured employees received their entitlements and that any disputes arising from the agreement would be resolved through the appropriate processes.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established