Liftronic Pty Ltd T/A Liftronic Pty Ltd

[2022] FWCA 4084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Liftronic Pty Ltd T/A Liftronic Pty Ltd

(AG2022/4578)

Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2022

Building services
COMMISSIONER WILSON	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Liftronic Pty Limited Queensland Installation and Service Division Enterprise Agreement 2022 (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 T/A Liftronic Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2022. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Liftronic Pty Ltd to have their Queensland Installation and Service Division Enterprise Agreement 2022 approved. This was brought before the Fair Work Commission. The applicant, a company in the lifting and escalator servicing industry, sought approval for the new agreement, which was a significant revision of the previous enterprise agreement. The application was opposed by various unions representing the employees in the division.

The primary legal issue before the commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement fairly represented the interests of the employees, provided for minimum terms and conditions, and met the procedural requirements for approval. The unions argued that the agreement did not adequately protect employee entitlements and conditions, and that it failed to comply with certain procedural requirements.

The Fair Work Commission found that the agreement was fairly negotiated and represented the interests of the employees. It determined that the agreement provided for minimum terms and conditions as required by law and was in compliance with all procedural requirements. The commission noted that the agreement included provisions for wage increases, enhanced leave entitlements, and improved working conditions, which it found to be reasonable and fair. Given these findings, the commission approved the application for the enterprise agreement to be registered. The unions' objections were dismissed on the basis that the agreement met all necessary legal standards and fairly represented the employees' interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established