DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liberty Ind Pty Ltd T/A Liberty Industrial
(AG2020/1156)

LIBERTY INDUSTRIAL NATIONAL ENTERPRISE AGREEMENT 2020- 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MAY 2020

Application for approval of the Liberty Industrial National Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Liberty Industrial National Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Liberty Ind Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 21 May 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2020. The nominal expiry date of the Agreement is 26 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Liberty Industrial Pty Ltd, trading as Liberty Industrial, applied for the approval of a National Enterprise Agreement (NEA) with its employees for the period 2020-2024. The dispute arose as the company sought to formalise the terms of employment for its workforce through this agreement, which had been negotiated between the employer and the union representing the employees. The Fair Work Commission was tasked with evaluating the fairness and appropriateness of the agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed NEA met the "better off overall test" (BOOT), ensuring that the employees were not worse off and were better off overall compared to their previous conditions of employment. The Commission also needed to consider whether the agreement was consistent with the principles of good faith bargaining and whether it complied with all statutory requirements, including those related to minimum wages, entitlements, and procedural fairness.

The Commission found that the proposed NEA was fair and met the BOOT. It concluded that the agreement provided for better wages, conditions, and entitlements for the employees, thus satisfying the requirements under the Fair Work Act. The Commission also determined that the process of negotiation was conducted in good faith and that the agreement complied with all statutory obligations. The proposed NEA was therefore approved, and it will now govern the employment conditions of the employees for the specified period.

The final order of the Commission was that the National Enterprise Agreement 2020-2024 between Liberty Industrial Pty Ltd and its employees, as represented by the union, be approved. This decision provided legal certainty and formalised the employment terms for the employees, while also ensuring that the agreement was fair and met all statutory requirements.

Liberty Ind Pty Ltd T/A Liberty Industrial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established