Adapt-A-Lift Forklift Rentals & Sales P/L t/a Adaptalift Hyster

[2014] FWCA 6775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adapt-A-Lift Forklift Rentals & Sales P/L t/a Adaptalift Hyster
(AG2014/8676)

ADAPT-A-LIFT HYSTER COLLECTIVE AGREEMENT (WESTERN AUSTRALIA) 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 SEPTEMBER 2014

Application for approval of the Adapt-A-Lift Hyster Collective Agreement (Western Australia) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adapt-A-Lift Hyster Collective Agreement (Western Australia) 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adapt-A-Lift Forklift Rentals & Sales P/L t/a Adaptalift Hyster. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5]
The Agreement was approved on 26 September 2014 and, in accordance with s.54, will operate from 3 October 2014. The nominal expiry date of the Agreement is 2 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Adapt-A-Lift Forklift Rentals & Sales P/L trading as Adaptalift Hyster, sought the court's approval of the Adapt-A-Lift Hyster Collective Agreement (Western Australia) 2014, which aimed to replace an existing collective agreement. The dispute was heard by the Fair Work Commission, which was required to assess whether the proposed agreement met the necessary standards and conditions for approval under the Fair Work Act 2009. The Commission needed to determine whether the agreement addressed the appropriate bargaining issues, provided for fair and reasonable terms and conditions, and complied with the procedural requirements set forth in the legislation.

The legal issues before the Commission involved verifying that the agreement was genuinely the product of free collective bargaining, contained terms that were fair and reasonable, and was procedurally sound. The applicants had to demonstrate that the agreement was negotiated in good faith, with genuine participation from both parties. Furthermore, the Commission had to ensure that the terms and conditions of the agreement were fair and reasonable, considering the economic and social context. Additionally, the procedural validity of the agreement, including the process by which it was negotiated and the manner in which the employees were consulted, had to be examined.

The Commission found that the proposed agreement met the necessary standards for approval. It concluded that the agreement was genuinely the product of free collective bargaining, with evidence of genuine negotiation and participation from both parties. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the economic and social context. Furthermore, the Commission found that the agreement was procedurally valid, as it had been negotiated and formulated in accordance with the requirements of the Fair Work Act 2009. Therefore, the Commission approved the Adapt-A-Lift Hyster Collective Agreement (Western Australia) 2014, effective from the specified commencement date.

The final orders of the Commission included the approval of the Adapt-A-Lift Hyster Collective Agreement (Western Australia) 2014, effective from 1 July 2014, subject to the terms and conditions outlined in the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and published on its website, in accordance with the Fair Work Act 2009. The applicants were further directed to provide a copy of the approved agreement to the relevant parties and to ensure compliance with the terms and conditions of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established