DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Electrical Resources Pty Ltd T/A Concept Engineering
(AG2020/590)

CONCEPT ENGINEERING (NSW) LIFT INDUSTRY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 MARCH 2020

Application for approval of the Concept Engineering (NSW) Lift Industry Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering (NSW) Lift Industry Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of sections 186 and 187 as are relevant to this application for approval have been met.

[3] Based on the statutory declarations provided by the organisations, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employee organisations to be covered by the Agreement, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 March 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Concept Electrical Resources Pty Ltd, trading as Concept Engineering, applied for approval of the Concept Engineering (NSW) Lift Industry Enterprise Agreement 2020. The application involved the terms and conditions of employment for employees within the lift industry sector in New South Wales. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act. This included assessing whether the agreement was made in good faith, provided for proper bargaining, and met the minimum terms and conditions as outlined in the Act. Additionally, the Commission needed to consider if the agreement was free from any illegality or undue influence.

The Fair Work Commission found that the Concept Engineering (NSW) Lift Industry Enterprise Agreement 2020 was made in good faith and adhered to the necessary procedures for bargaining. The agreement provided for fair terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission determined that the agreement did not include any illegality or undue influence and was therefore compliant with the Fair Work Act. As a result, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Concept Engineering (NSW) Lift Industry Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified workforce until the next review period.

Concept Electrical Resources Pty Ltd T/A Concept Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established