Liftform Pty Ltd Summary

[2013] FWCA 529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Liftform Pty Ltd
(AG2012/14238)

LIFTFORM PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 JANUARY 2013

Application for approval of the Liftform Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Liftform Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liftform Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 29 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Liftform Pty Ltd applied to the Fair Work Commission for the approval of the Liftform Pty Ltd Enterprise Agreement 2012. The application was opposed by the Australian Manufacturing Workers' Union. The matter was heard by the Commission and determined on 10 December 2012.

The central issue before the Commission was whether the proposed enterprise agreement was in the interests of the employees, as required by the Fair Work Act 2009. The Commission considered the impact of the agreement on the employees' terms and conditions, as well as the views of the union and the employer.

The Commission found that the proposed agreement was in the interests of the employees, noting that it provided for a number of improvements to the employees' terms and conditions, including increases in pay rates and a more flexible work schedule. The Commission also noted that the union had not raised any specific objections to the agreement and that the employer had demonstrated a willingness to negotiate with the union. As a result, the Commission approved the proposed agreement.

The Fair Work Commission approved the Liftform Pty Ltd Enterprise Agreement 2012, with the approval taking effect from 1 January 2013. The union's opposition to the agreement was dismissed.

Liftform Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established