Nathan Padgham T/A Electra Lift Co Pty Ltd

[2024] FWCA 3692

[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

1. 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.

2. 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.

3. The Commission sought the views of the employee bargaining representatives in respect of the Undertakings.

4. Pursuant to s 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

5. 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.

6. 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.

7. 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

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Annexure A