DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Enhancements Pty Ltd T/A Mobility Lifts (Vic)
(AG2016/957)

MOBILITY LIFTS (VIC) / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES 2014-2018 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2016

Application for approval of the Mobility Lifts (Vic) / ETU / AMWU / Construction & Service Employees 2014-2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Mobility Lifts (Vic) / ETU / AMWU / Construction & Service Employees 2014-2018 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Access Enhancements Pty Ltd T/A Mobility Lifts (Vic). 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] 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.

[4] The Agreement was approved on 28 April 2016 and, in accordance with s.54, will operate from 5 May 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Access Enhancements Pty Ltd T/A Mobility Lifts (Vic) against the Electrical Trades Union of Australia, the Australian Manufacturing Workers Union and the Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was called upon to approve a proposed enterprise agreement. The dispute centred around the terms and conditions of employment for workers within the specified industries. The Fair Work Commission was tasked with examining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement provided for the proper management and administration of the enterprise, included appropriate mechanisms for the resolution of workplace disputes, and ensured that the agreement did not unfairly disadvantage any individual employee. The Commission also needed to determine if the agreement included appropriate provisions for minimum rates of pay, conditions of employment, and the regulation of workplace relations in line with the provisions of the Fair Work Act.

In delivering its decision, the Fair Work Commission considered the submissions and evidence provided by the parties and examined the provisions of the proposed agreement. The Commission found that the agreement provided for the proper management and administration of the enterprise and included appropriate mechanisms for the resolution of workplace disputes. It also determined that the agreement did not unfairly disadvantage any individual employee and included appropriate provisions for minimum rates of pay, conditions of employment, and the regulation of workplace relations. Therefore, the Commission approved the proposed enterprise agreement.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act and provide for the proper management and administration of the enterprise, resolution of workplace disputes, and fair treatment of employees. The approval of the Mobility Lifts (Vic) / ETU / AMWU / Construction & Service Employees 2014-2018 Enterprise Agreement sets a precedent for similar agreements in the industries covered by the dispute.

Access Enhancements Pty Ltd T/A Mobility Lifts (Vic)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established