DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Lincoln Electric Company (Australia) Proprietary Limited T/A Specialised Welding Products
(AG2021/6377)

LINCOLN ELECTRIC COMPANY (AUSTRALIA) PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 18 AUGUST 2021

Application for approval of the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2021.

[1] The Lincoln Electric Company (Australia) Proprietary Limited T/A Specialised Welding Products (the Employer) has made an application for the approval of the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2021. The nominal expiry date of the Agreement is 10 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, The Lincoln Electric Company (Australia) Proprietary Limited trading as Specialised Welding Products, applied for approval of the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2021. The applicant submitted that the agreement met the requirements of section 232 of the Fair Work Act 2009. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The applicant submitted that the agreement was a bargaining agreement that met the requirements of section 230 of the Act and that it was appropriate to make an order approving the agreement.

The court was required to determine whether the agreement met the requirements of section 232 of the Fair Work Act 2009 and whether it was appropriate to make an order approving the agreement. The court considered the submissions made by the applicant and the relevant provisions of the Fair Work Act 2009. The court found that the agreement met the requirements of section 230 of the Act and that it was appropriate to make an order approving the agreement. The court was satisfied that the agreement was a bargaining agreement that had been made in good faith and that it contained the necessary provisions to be approved under section 232 of the Act.

The court approved the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2021 and made an order under section 232 of the Fair Work Act 2009. The order approved the agreement as a bargaining agreement that met the requirements of the Act. The applicant was granted the relief it sought, and the agreement was approved as a registered agreement.

The Lincoln Electric Company (Australia) Proprietary Limited T/A Specialised Welding Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established