DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liebherr Australia Pty Ltd
(AG2015/1902)

LIEBHERR-AUSTRALIA PTY LTD QLD OPERATIONS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Liebherr-Australia Pty Ltd QLD Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Liebherr-Australia Pty Ltd QLD Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Liebherr Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved an application for the approval of the Liebherr-Australia Pty Ltd QLD Operations Enterprise Agreement 2015. The applicant, Liebherr Australia Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the criteria for registration as a single-enterprise agreement, particularly the requirement that it cover a single enterprise. The respondent, the Australian Council of Trade Unions (ACTU), opposed the application, arguing that the agreement did not meet the definition of a single enterprise agreement. The Fair Work Commission (FWC) had already determined that the agreement was a single enterprise agreement but the respondent sought review of that decision.

The primary legal issue was whether the agreement constituted a single enterprise agreement as defined under the Fair Work Act. The respondent contended that the agreement did not cover a single enterprise because it included both the Queensland operations of Liebherr Australia and another entity, Liebherr-Australia Pty Ltd. The Court was required to determine whether the FWC's decision to approve the agreement as a single enterprise agreement was correct and whether it had exercised its discretion in accordance with the relevant statutory provisions. The Court had to consider whether the FWC's decision was lawful, rational, and based on the correct application of the law.

The Court found that the FWC had correctly interpreted the definition of a single enterprise agreement and had properly exercised its discretion in approving the agreement. The Court held that the agreement did indeed cover a single enterprise, as it related to the operations of Liebherr Australia in Queensland and the associated entity, which were sufficiently connected to constitute a single enterprise. The FWC's decision was affirmed, and the application for approval was granted. The Court determined that the FWC had considered all relevant factors and had exercised its discretion in a manner consistent with the legislative intent.

The Court made an order affirming the decision of the Fair Work Commission to approve the Liebherr-Australia Pty Ltd QLD Operations Enterprise Agreement 2015 as a single enterprise agreement. The Court also ordered that the agreement be registered and have effect in accordance with the Fair Work Act. The respondent's application for review was dismissed with costs.

Liebherr Australia Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established