Adapt-A-Lift Forklift Rentals & Sales Pty Ltd T/A Adapt-A-Lift Hyster

[2014] FWCA 4015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Adapt-A-Lift Forklift Rentals & Sales Pty Ltd T/A Adapt-A-Lift Hyster
(AG2014/6319)

ADAPT-A-LIFT HYSTER COLLECTIVE AGREEMENT (SOUTH AUSTRALIA & NORTHERN TERRITORY) 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 JUNE 2014

Application for approval of the Adapt-A-Lift Hyster Collective Agreement (South Australia & Northern Territory) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adapt-A-Lift Hyster Collective Agreement (South Australia & Northern Territory) 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 Pty Ltd T/A Adapt-A-Lift Hyster. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“In relation to Clause 3.3 of the Agreement, Adapt-A-Lift Forklift Rentals and Sales Pty Ltd (“the employer”) undertakes to contribute superannuation payments on behalf of its employees to the AustralianSuper Balanced investment option, which is MySuper authorised.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2014. The nominal expiry date of the Agreement is 18 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Adapt-A-Lift Forklift Rentals & Sales Pty Ltd, trading as Adapt-A-Lift Hyster, sought approval of the Adapt-A-Lift Hyster Collective Agreement (South Australia & Northern Territory) 2014. The application was brought under section 233 of the Fair Work Act 2009. The dispute arose from disagreements between the applicant and the Australian Manufacturing Workers' Union regarding the terms of the proposed collective agreement.

The central legal issue before the court was whether the proposed collective agreement met the requirements of section 233 of the Fair Work Act. Specifically, the court needed to determine if the agreement contained terms that complied with the provisions of the Act and did not discriminate unfairly against employees. The court was also required to assess whether the agreement was in the best interests of the employees and if it provided for a fair and efficient workplace.

In its decision, the court considered the arguments from both parties and reviewed the terms of the proposed collective agreement. The court found that the agreement was comprehensive and provided for a fair and efficient workplace. The court was satisfied that the agreement contained terms that complied with the Fair Work Act and did not discriminate unfairly against employees. Furthermore, the court determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment.

As a result, the court approved the Adapt-A-Lift Hyster Collective Agreement (South Australia & Northern Territory) 2014, as it met the requirements of the Fair Work Act and was in the best interests of the employees. The agreement now has the force of a registered agreement and will govern the employment terms of the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established