Lift Engineering Pty Ltd Summary

[2016] FWCA 1559

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lift Engineering Pty Ltd

(AG2016/340)

LIFT ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 11 MARCH 2016

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

[1] An application has been made for approval of an enterprise agreement known as the

Lift Engineering 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 Lift

Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 March 2016 and, in accordance with s.54, will

operate from 18 March 2016. The nominal expiry date of the Agreement is 11 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Lift Engineering Pty Ltd, Commissioner Roe was tasked with deciding on the approval of the Lift Engineering Pty Ltd Enterprise Agreement 2016 under the Fair Work Act 2009. The agreement, proposed by the employer, sought to regulate employment terms and conditions within the building, metal and civil construction industries. This decision involved examining whether the agreement met the legal requirements for approval under the Act, particularly focusing on whether it was fairly chosen and met other specified criteria.

The primary legal issues that the Commissioner had to address were whether the agreement covered all employees of the employer, whether it was fairly chosen, and if it met all relevant requirements under sections 186, 187, and 188 of the Act. Although the agreement did not cover all employees, the Commissioner determined that it was fairly chosen, taking into account the relevant factors specified in section 186(3) and (3A) of the Act.

The Commissioner concluded that all necessary requirements for approval were met. Consequently, the Lift Engineering Pty Ltd Enterprise Agreement 2016 was approved on 11 March 2016 and is set to operate from 18 March 2016, with a nominal expiry date of 11 March 2020. This decision effectively validated the agreement, allowing it to regulate the terms and conditions of employment as stipulated.

Lift Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established