DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lift Engineering WA Pty Ltd
(AG2020/846)

LIFT ENGINEERING WA PTY LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2020

Application for approval of the Lift Engineering WA Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022

[1] Lift Engineering WA Pty Ltd has made an application for approval of an enterprise agreement known as the Lift Engineering WA Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 17 April 2020 and, in accordance with s 54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Lift Engineering WA Pty Ltd, an applicant seeking approval of the Lift Engineering WA Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022. The matter was heard in the Fair Work Commission, where the applicant sought to have the agreement recognised as a registered workplace agreement under the Fair Work Act 2009. The applicant's request was opposed by the Fair Work Ombudsman, who argued that the agreement did not comply with certain requirements of the Act.

The primary legal issues the court had to decide related to whether the agreement met the necessary standards and criteria set out in the Fair Work Act for registration. This included ensuring the agreement complied with provisions regarding its content, that it was fairly negotiated and that the applicant had met the procedural requirements in applying for its registration. Specifically, the court needed to determine whether the agreement contained all the mandated terms and conditions and whether the negotiation process had been fair and genuine.

In examining these issues, the court considered the provisions of the Fair Work Act and relevant case law. The court assessed the content of the agreement to confirm it included all necessary terms and conditions, such as those relating to wages, hours of work, and other employment standards. Additionally, the court reviewed evidence and submissions regarding the negotiation process to ensure it met the requirements of fairness and genuineness. After thorough consideration, the court determined that the agreement complied with the necessary legislative criteria and was fairly negotiated. Consequently, the court approved the agreement for registration, thereby enabling it to operate as a legally binding workplace agreement.

As a result of the court's decision, the Lift Engineering WA Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 was approved for registration under the Fair Work Act. The agreement is now recognised as a valid workplace agreement, providing a framework for the employment terms and conditions of the parties involved.

Lift Engineering WA 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