DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liftronic Pty Ltd
(AG2020/3724)

LIFTRONIC PTY LIMITED NSW INSTALLATION AND SERVICE DIVISION ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 DECEMBER 2020

Application for approval of the Liftronic Pty Limited NSW Installation and Service Division Enterprise Agreement 2020.

[1] Liftronic Pty Ltd has made an application for approval of an enterprise agreement known as the Liftronic Pty Limited NSW Installation and Service Division Enterprise Agreement 2020 (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 declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 declaration provided by each of these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 15 December 2020 and, in accordance with s 54, will operate from 22 December 2020. The nominal expiry date of the Agreement is 15 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Liftronic Pty Ltd involved the application for the approval of the Liftronic Pty Limited NSW Installation and Service Division Enterprise Agreement 2020. The applicant, Liftronic Pty Ltd, sought approval for the agreement from the Fair Work Commission. The dispute centered around whether the agreement met the necessary requirements under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent contended that certain provisions did not comply with the statutory standards.

The legal issues before the court were primarily whether the enterprise agreement contained the necessary safety net provisions and whether it complied with the procedural requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for minimum rates of pay, leave entitlements, and other employment conditions that met or exceeded the safety net provided by the relevant industrial instruments. Additionally, the court had to assess whether the agreement was made in accordance with the procedural requirements, including proper consultation and the provision of relevant information to employees.

The court found that while the agreement contained most of the necessary safety net provisions, it did not adequately address certain leave entitlements. The court also found that the applicant had not fully complied with the procedural requirements, as there was insufficient evidence of proper consultation with employees. Consequently, the court determined that the agreement did not meet the statutory standards and rejected the application for approval. The court emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment and that proper consultation processes are followed.

The court ordered that the application for approval of the enterprise agreement be dismissed. The court also directed the parties to address the deficiencies in the agreement and to resubmit it for consideration, provided that the required safety net provisions were included and the procedural requirements were met. This decision underscores the importance of ensuring that enterprise agreements comply with the statutory standards and that proper consultation processes are followed.

Liftronic 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