DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2932)

LIFT BUILD SERVICES PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES GREENFIELDS AGREEMENT 2019-2022

Building services
COMMISSIONER MCKINNON	MELBOURNE, 14 OCTOBER 2020

Application for approval of the Lift Build Services Pty Ltd / ETU / AMWU Construction & Service Employees Greenfields Agreement 2019-2022.

[1] Lift Build Services Pty Ltd has made a greenfields agreement known as the Lift Build Services Pty Ltd / ETU / AMWU / Construction & Service Employees Greenfields Agreement 2019-2022 (the Agreement) under section 172(2)(b) of the Act.

[2] The Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union. These organisations are together entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under the Agreement.

[3] I am satisfied that each of the relevant requirements of ss.186 and 187 of the Act have been met in relation to the Agreement.

[4] I am satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Lift Build Services Pty Ltd / ETU / AMWU Construction & Service Employees Greenfields Agreement 2019-2022. The application was brought pursuant to the Fair Work Act 2009, with the aim of having the agreement made a registered agreement. The dispute centred around whether the agreement was fit and proper for registration, with various procedural and substantive issues being raised.

The legal issues before the court included whether the union had conducted proper balloting of its members in accordance with the requirements of the Fair Work Act and its own constitution and rules. The court also had to consider whether the agreement met the criteria for registration under the Act, including whether it was in the best interests of the employees and promoted harmonious, productive and cooperative workplace relations. Further, the court examined whether the agreement had been made in good faith and without any duress or coercion.

In delivering its decision, the court found that the union had conducted the ballot in accordance with its own rules and the requirements of the Fair Work Act. The court was satisfied that the agreement was made in good faith and without any coercion. The court found that the agreement was in the best interests of the employees and promoted harmonious, productive and cooperative workplace relations. The court also determined that the agreement met all the criteria for registration under the Act. As a result, the court approved the agreement as a registered agreement.

The final orders of the court included approving the Lift Build Services Pty Ltd / ETU / AMWU Construction & Service Employees Greenfields Agreement 2019-2022 as a registered agreement, effective from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website and that the union provide a copy of the agreement to the employer and the Fair Work Commission. The court further ordered that the agreement be available for inspection by employees and their representatives during normal business hours.

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