DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liftronic Pty Ltd
(AG2016/2516)

LIFTRONIC PTY LIMITED QUEENSLAND INSTALLATION AND SERVICE DIVISION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2016

Application for approval of the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2015.

[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 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the 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 the organisations.

[5] The Agreement was approved on 27 April 2016 and, in accordance with s.54, will operate from 4 May 2016. The nominal expiry date of the Agreement is 30 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Liftronic Pty Ltd for approval of the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, seeking to have the proposed agreement recognised as a registered enterprise agreement. The dispute centred around whether the agreement complied with the legislative requirements, particularly in relation to the bargaining process and the substantive terms of the agreement.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, and whether it contained the necessary minimum terms and conditions of employment as stipulated by the Fair Work Act. The Commission also had to consider whether the agreement was made in good faith and whether it complied with procedural requirements such as the provision of relevant documents and notices. Additionally, the Commission needed to ensure that the agreement did not undermine the protective provisions of the National Employment Standards and other awards and agreements.

The Commission found that the agreement was genuinely negotiated between the parties and that it contained all the required minimum terms and conditions. The Commission noted that the process was conducted in good faith and that all procedural requirements were met. The substantive terms of the agreement were also found to be reasonable and compliant with the Act. The Commission concluded that the agreement did not undermine the protective provisions of the National Employment Standards and was consistent with other relevant awards and agreements. Consequently, the Commission approved the proposed agreement as a registered enterprise agreement.

In summary, the Fair Work Commission approved the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2015, finding it to be genuinely negotiated, compliant with all legislative requirements, and in good faith. The agreement was registered as a valid enterprise agreement under the Fair Work Act.

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