DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electra Lift Company Pty. Ltd.
(AG2020/3129)

ELECTRA LIFT COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 19 NOVEMBER 2020

Application for approval of the Electra Lift Company Pty. Ltd. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Electra Lift Company Pty. Ltd. Enterprise Agreement 2020 (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 Company Pty. Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 26 November 2020. The nominal expiry date of the Agreement is 13 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Electra Lift Company Pty. Ltd., the Fair Work Commission was presented with an application for the approval of the Electra Lift Company Pty. Ltd. Enterprise Agreement 2020. The application was made by the employer, Electra Lift Company Pty. Ltd., and the relevant union. The dispute concerned the terms and conditions of employment for workers within the company, and whether the proposed enterprise agreement was fair and reasonable.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed to by the employer and the union. The Commission also needed to determine whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and other relevant legislation.

The Commission found that the proposed enterprise agreement was fair and reasonable, as it provided for appropriate terms and conditions of employment, including minimum wages, overtime provisions, and leave entitlements. The Commission noted that the agreement had been genuinely agreed to by the employer and the union, and that it was consistent with relevant legislation. The Commission approved the application and registered the agreement, which will now govern the employment of workers within Electra Lift Company Pty. Ltd.

The final orders of the Commission were that the Electra Lift Company Pty. Ltd. Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009, effective from the date of registration. The Commission also ordered that the agreement be published on the Fair Work Commission's website, and that copies be provided to the employer and the union.

Electra Lift Company 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