The Lincoln Electric Company (Australia) Proprietary Limited T/A Loclur Engineering Summary

[2022] FWCA 788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Lincoln Electric Company (Australia) Proprietary Limited T/A Loclur Engineering

(AG2022/519)

Lincoln Electric Company (Australia) Pty Ltd Queensland Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 4 MARCH 2022

Application for approval of the Lincoln Electric Company (Australia) Pty Ltd Queensland Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Lincoln Electric Company (Australia) Pty Ltd Queensland Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Lincoln Electric Company (Australia) Proprietary Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2022. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, The Lincoln Electric Company (Australia) Proprietary Limited trading as Loclur Engineering, applied for the approval of the Lincoln Electric Company (Australia) Pty Ltd Queensland Enterprise Agreement 2022. The application was heard by the Fair Work Commission, where the applicant sought to have the proposed enterprise agreement registered. The dispute primarily revolved around whether the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the procedural requirements for registration, whether it contained all the necessary minimum terms and conditions, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fairly negotiated and contained all the mandatory provisions as required by the Act. The Commission had to assess the evidence and submissions presented to determine if the agreement met the legal standards for approval.

In delivering its decision, the Commission carefully reviewed the procedural fairness of the agreement's negotiation process, the content of the agreement, and the compliance with the mandatory terms of the Fair Work Act 2009. The Commission found that the agreement was negotiated in good faith, without coercion, and included all the mandatory terms. After considering all the evidence, the Commission approved the application and registered the Lincoln Electric Company (Australia) Pty Ltd Queensland Enterprise Agreement 2022. This decision was based on the finding that the agreement complied with all the necessary legal requirements for registration.

The Lincoln Electric Company (Australia) Proprietary Limited T/A Loclur Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established