DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liftronic Pty Ltd
(AG2017/3806)

LIFTRONIC PTY LIMITED NSW INSTALLATION AND SERVICE DIVISION ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Liftronic Pty Limited NSW Installation and Service Division Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Liftronic Pty Limited NSW Installation and Service Division Enterprise Agreement 2017 (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 Applicant 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.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 6 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Liftronic Pty Ltd and its employees, who were represented by the Electrical Trades Union of Australia. The matter was before the Fair Work Commission, which was asked to approve an enterprise agreement that had been negotiated between the company and the union. The agreement in question was the Liftronic Pty Limited NSW Installation and Service Division Enterprise Agreement 2017. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the requirements of section 230 of the Fair Work Act, which sets out the conditions that must be met for an agreement to be approved. In particular, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The union argued that the agreement did not provide for fair and reasonable terms, while the company maintained that the agreement was both fair and reasonable and had been negotiated in good faith.

The Fair Work Commission found that the agreement did meet the necessary criteria for approval. The Commission noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account a range of factors, including the nature of the work involved, the skills and qualifications of the employees, and the economic circumstances of the company. The Commission also found that the agreement had been negotiated in good faith, and that there was no evidence to suggest otherwise. The Commission therefore approved the enterprise agreement, subject to certain minor modifications that were necessary to ensure compliance with the Fair Work Act.

The Fair Work Commission's decision provides useful guidance for employers and employees who are negotiating enterprise agreements. The decision highlights the importance of ensuring that agreements are both fair and reasonable, and that they are negotiated in good faith. It also demonstrates the Commission's willingness to approve agreements that meet these criteria, subject to any necessary modifications.

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