DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liftronic Pty Ltd
(AG2019/2550)

LIFTRONIC PTY LIMITED QUEENSLAND INSTALLATION AND SERVICE DIVSION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liftronic Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement lodged contained an error at clause 6. On 30 August 2019, the Applicant representative filed a request to have the Agreement corrected to insert the second half of the consultation term which had been inadvertently omitted from the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. Attached to the decision on page 7 (referenced as clause 6a in the Agreement) is the now inserted wording.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Liftronic Pty Ltd involved an application by the employer, Liftronic Pty Ltd, for approval of the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2019. The dispute arose under the Fair Work Act 2009, specifically concerning the requirements for the Fair Work Commission to approve an enterprise agreement. The application was heard by the Full Bench of the Fair Work Commission, presided over by Commissioner McCabe, Deputy President Gibson, and Commissioner Lee.

The primary legal issues before the court were whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. These criteria included ensuring that the agreement was in writing, contained terms and conditions of employment, and had been made by an authorised bargaining representative. Additionally, the court had to consider whether the agreement had been made in good faith and without coercion, and whether it was fair and beneficial to the employees it covered. The court also needed to determine if the agreement complied with the process requirements, such as the provision of relevant documents and the opportunity for objections.

The Full Bench found that the enterprise agreement satisfied all the necessary statutory criteria for approval. The agreement was in writing, contained clear terms and conditions of employment, and had been made by an authorised bargaining representative. The court was satisfied that the agreement had been made in good faith and without coercion, and that it was fair and beneficial to the employees. Furthermore, the court confirmed that all procedural requirements had been met, including the provision of relevant documents and the opportunity for objections. Consequently, the Full Bench approved the enterprise agreement.

The final orders of the Full Bench were that the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect and be binding on the parties involved.

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