DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electra Lift Co Pty Ltd
(AG2016/5464)

ELECTRA LIFT COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Electra Lift Company Pty. Ltd. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Electra Lift Company Pty. Ltd. Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electra Lift Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 26 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Electra Lift Co Pty Ltd, where the company sought approval of the Electra Lift Company Pty. Ltd. Enterprise Agreement 2016. The application was heard in the Fair Work Commission, the tribunal responsible for overseeing the approval and registration of enterprise agreements in Australia. The dispute centred around the procedural and substantive validity of the agreement, particularly concerning the process through which it was negotiated and the fairness of its terms.

The court had to determine whether the enterprise agreement was genuinely negotiated and whether it complied with the procedural requirements set out in the Fair Work Act 2009. Additionally, the court examined the substantive fairness of the agreement's terms, considering factors such as the bargaining power of the parties and the balance of rights and obligations. The court also assessed whether the agreement met the "better off overall test" (BOOT) to ensure it provided a net benefit to the employees.

The Fair Work Commission found that the agreement had been negotiated in good faith and met the procedural requirements. The court held that the process was compliant with the Act, as the employer had engaged with the employees' representatives and provided necessary information for negotiation. The court also concluded that the agreement was substantively fair, as it provided reasonable terms and conditions of employment, and the employees were better off overall. Consequently, the court approved the enterprise agreement.

The final orders included the approval of the Electra Lift Company Pty. Ltd. Enterprise Agreement 2016, subject to its registration with the Fair Work Commission. The agreement was to take effect from the date of approval and would govern the employment conditions of the relevant employees until it expired or was replaced by a new agreement.

Electra Lift Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established