| [2024] FWCA 38 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Lincoln Electric Company (Australia) Pty Ltd T/A Specialised Welding Products
(AG2023/5162)
LINCOLN ELECTRIC COMPANY (AUSTRALIA) PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 4 JANUARY 2024 |
Application for approval of the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Lincoln Electric Company (Australia) Pty Ltd T/A Specialised Welding Products (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 4 January 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2024. The nominal expiry date of the Agreement is 10 November 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523005 PR769969>
ANNEXURE A
- AGLC
- The Lincoln Electric Company (Australia) Pty Ltd T/A Specialised Welding Products [2024] FWCA 38
- Case
- [2024] FWCA 38
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the agreement contained all the mandated terms and conditions, including those relating to minimum wages, penalty rates, leave entitlements, and other employment standards. Additionally, the court needed to assess whether the agreement was made in good faith and whether it was free from any improper influence or coercion. The court also had to consider whether the agreement provided for the proper representation of the employees and if it met the procedural fairness standards.
In delivering the decision, the Fair Work Commission determined that the agreement did comply with the statutory requirements. The court found that all the necessary terms and conditions were included, and there was no evidence of coercion or improper influence in the bargaining process. The agreement was also deemed to provide adequate representation for the employees, and it adhered to the principles of procedural fairness. Consequently, the Commission approved the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2023, confirming its validity and enforceability under the Fair Work Act.
The final orders included the formal approval of the enterprise agreement, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the relevant employees as per the terms set out in the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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