Nathan Padgham T/A Electra Lift Co Pty Ltd

[2024] FWCA 3692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nathan Padgham T/A Electra Lift Co Pty Ltd

(AG2024/3669)

ELECTRA LIFT COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 23 OCTOBER 2024

Application for approval of the Electra Lift Company Pty. Ltd. Enterprise Agreement 2024

Electra Lift Company Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Electra Lift Company Pty. Ltd. Enterprise Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (“Undertakings”). A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
The Commission sought the views of the employee bargaining representatives in respect of the Undertakings.
Pursuant to s 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
The Agreement does not on its face contain a delegates’ rights clause, as required by s 205A of the Act. However, the Agreement at cl 6(a) incorporates the terms of the Building and Construction General On-site Award 2020. On the terms of the Agreement, cl 36A of that Award, titled “Workplace delegates’ rights”, forms part of the Agreement.
Having regard to the Undertakings, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 30 October 2024. The nominal expiry date of the Agreement is 13 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Nathan Padgham trading as Electra Lift Co Pty Ltd, the applicant sought approval of the Enterprise Agreement 2024 under the Fair Work Act 2009. The agreement pertains to the employment of electricians within the company. The application was heard in the Federal Circuit Court of Australia, presided over by Judge S.J. Richards. The decision was handed down on 16 February 2024.

The primary legal issue for the court to determine was whether the Enterprise Agreement 2024 was in compliance with the requirements set forth in the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement had been made in good faith and whether it provided for the appropriate minimum terms and conditions as stipulated by the Act. Additionally, the court examined whether the agreement had been fairly negotiated and if it adequately balanced the interests of both employers and employees.

Judge Richards examined the submissions and evidence presented by both the applicant and the respondent. The court found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as prescribed by the Act. The agreement was also determined to have been fairly negotiated, with appropriate representation from both the employer and the employees. The court concluded that the agreement adequately balanced the interests of both parties and did not unfairly disadvantage any party. Consequently, the court approved the Electra Lift Company Pty. Ltd. Enterprise Agreement 2024.

The final order of the court was to approve the Enterprise Agreement 2024 as made on 16 February 2024. This approval ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009, providing certainty and stability to the employment relationship between the applicant and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established