DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Welstand Services Ptd Ltd
(AG2020/2904)

LGC ENTERPRISE AGREEMENT 2020

Miscellaneous
COMMISSIONER CIRKOVIC	MELBOURNE, 20 OCTOBER 2020

Application for approval of the LGC Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the LGC Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Welstand Services Ptd Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 20 October 2020 and, in accordance with s.54, will operate from 27 October 2020. The nominal expiry date of the Agreement is 20 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Welstand Services Ptd Ltd applied to the Fair Work Commission for approval of the LGC Enterprise Agreement 2020. The respondent, Retail and Fast Food Workers Union of Australia, opposed the application on the basis that the agreement did not adequately protect employees' wages and conditions. The Fair Work Commission heard the matter and made its decision. The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees' wages and conditions.

The Commission considered the evidence and arguments presented by both parties. It examined the terms of the agreement and the relevant provisions of the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees' wages and conditions. The Commission found that the agreement met the requirements of the Act and approved the application for the agreement to be registered. The Commission noted that the agreement included provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. It also found that the agreement provided for a dispute resolution process that was fair and effective.

As a result of the decision, the LGC Enterprise Agreement 2020 was approved and registered with the Fair Work Commission. The agreement will now apply to employees covered by the agreement, and employers and employees will be bound by its terms. The decision provides clarity and certainty for both employers and employees in the retail and fast food industries in relation to wages and conditions of employment. The Commission's decision is a significant outcome for the parties involved and highlights the importance of fair and reasonable enterprise agreements in promoting industrial harmony and protecting the rights of employees.

Welstand Services Ptd Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established