DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3277)

LIFTRONIC PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 NOVEMBER 2020

Application for approval of the Liftronic Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Liftronic Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). 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 CEPU, 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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.

[5] The Agreement was approved on 26 November 2020 and, in accordance with s.54, will operate from 3 December 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a single-enterprise agreement, specifically the Liftronic Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022. The primary parties to the agreement were Liftronic Pty Ltd, an employer in the lift maintenance industry, and three unions: the Electrical Trades Union, the Australian Manufacturing Workers' Union, and the Construction and Service Employees Union. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the prescribed minimum terms and conditions, whether it was genuinely a single-enterprise agreement, and whether the agreement had been negotiated in good faith and was fair and reasonable. Additionally, the Commission needed to determine if the agreement adequately protected the interests of employees, particularly those who would be subject to the agreement.

The Commission assessed the agreement by considering the statutory requirements set out in the Fair Work Act. It examined whether the agreement provided for minimum wages, penalty rates, leave entitlements, and other conditions that were not less favourable than the applicable award or registered agreement. The Commission also reviewed the negotiation process and the balance of the agreement's terms, ensuring they were fair and reasonable. Ultimately, the Commission found that the agreement met all the legal criteria and approved the single-enterprise agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established