The Lincoln Electric Company (Australia) Pty Limited Trading AS Loclur Engineering Summary

[2025] FWCA 1709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Lincoln Electric Company (Australia) Pty Limited Trading AS Loclur Engineering

(AG2025/1435)

THE LINCOLN ELECTRIC COMPANY (AUSTRALIA) PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 21 MAY 2025

Application for approval of The Lincoln Electric Company (Australia) Pty Ltd Queensland Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as The Lincoln Electric Company (Australia) Pty Ltd Queensland Enterprise Agreement 2025 (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) Pty Limited Trading AS Loclur Engineering (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 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) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 March 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, The Lincoln Electric Company (Australia) Pty Ltd trading as Loclur Engineering, applied for approval of the Queensland Enterprise Agreement 2025. The application was made under section 231 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements for approval, including that it was free of prohibited content, provided for a safety net of minimum terms and conditions, and satisfied the “better off overall test”. The applicant also contended that the agreement contained appropriate dispute resolution provisions.

The legal issues before the Commission were whether the agreement was free of prohibited content, provided for a safety net of minimum terms and conditions, satisfied the “better off overall test”, and contained appropriate dispute resolution provisions. The Commission considered the relevant statutory provisions and case law in determining these issues. The Commission found that the agreement was free of prohibited content, provided for a safety net of minimum terms and conditions, and satisfied the “better off overall test”. The Commission also found that the agreement contained appropriate dispute resolution provisions.

Accordingly, the Commission approved the Queensland Enterprise Agreement 2025. The Commission made an order under section 231(2) of the Fair Work Act 2009 that the agreement be approved as a registered agreement. The order took effect from the date of the Commission’s decision.

The Lincoln Electric Company (Australia) Pty Limited Trading AS Loclur Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established