Liftronic Pty Ltd

[2019] FWCA 6148

[2019] FWCA 6148

FAIR WORK COMMISSION

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

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Annexure A