DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/7743)

LIFTRONIC PTY LIMITED (VICTORIA) CONSTRUCTION & SERVICE EMPLOYEES COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JANUARY 2016

Application for approval of the LIFTRONIC PTY LIMITED (VICTORIA) Construction & Service Employees Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the LIFTRONIC PTY LIMITED (VICTORIA) Construction & Service Employees Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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 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 (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 28 January 2016 and, in accordance with s.54, will operate from 4 February 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for approval of the LIFTRONIC PTY LIMITED (VICTORIA) Construction & Service Employees Collective Agreement 2015. The dispute centred around the terms and conditions of employment for employees of Liftronic Pty Limited, a company engaged in the design, manufacture and installation of lifts and escalators. The Union argued that the proposed agreement adequately reflected the needs of the employees and provided for fair and reasonable terms of employment. Liftronic Pty Limited, on the other hand, contended that certain provisions of the agreement were not reasonable and did not adequately protect the company’s commercial interests.

The primary legal issue before the court was whether the provisions of the proposed agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. The court was required to consider the balance of rights and obligations between the parties, the nature of the industry and the particular circumstances of the employees and the employer. The court also had to determine whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, and whether it adequately protected the interests of both the Union and the employer.

After considering the evidence and arguments presented by both parties, the court found that the proposed agreement was fair and reasonable, and complied with the requirements of the Fair Work Act. The court noted that the agreement provided for a comprehensive set of terms and conditions that were reasonably tailored to the needs of the employees and the employer. The court also found that the agreement provided for a fair balance of rights and obligations between the parties, and adequately protected the interests of both the Union and the employer. The court approved the agreement, subject to certain minor modifications to ensure that it complied with all relevant legislative requirements.

In light of the court’s decision, the Fair Work Commission approved the LIFTRONIC PTY LIMITED (VICTORIA) Construction & Service Employees Collective Agreement 2015, subject to the modifications made by the court. The agreement now provides the basis for the terms and conditions of employment for employees of Liftronic Pty Limited, and will remain in force until such time as it is varied or replaced by a new 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