Adapt-A-Lift Group Pty Ltd

[2023] FWCA 1577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adapt-A-Lift Group Pty Ltd

(AG2023/1316)

ADAPT-A-LIFT GROUP ENTERPRISE AGREEMENT (NEW SOUTH WALES & ACT) 2023

Vehicle industry
COMMISSIONER MATHESON	SYDNEY, 31 MAY 2023

Application for approval of the Adapt-A-Lift Group Enterprise Agreement (New South Wales & ACT) 2023

An application has been made for approval of an enterprise agreement known as the Adapt-A-Lift Group Enterprise Agreement (New South Wales & ACT) 2023 (Agreement). The application was made by Adapt-A-Lift Group Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, 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 of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2023. The nominal expiry date of the Agreement is 31 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adapt-A-Lift Group Pty Ltd recently brought an application before the Fair Work Commission to seek approval of their proposed enterprise agreement, the Adapt-A-Lift Group Enterprise Agreement (New South Wales & ACT) 2023. The agreement was aimed at establishing terms and conditions for employees within the New South Wales and Australian Capital Territory regions. The primary dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court encompassed several key elements. These included the requirement that the agreement be "bargained for" in good faith, the necessity for the agreement to cover all employees within the relevant bargaining unit, and the agreement's compliance with the "better off overall test" (BOOT). This test ensures that employees are not worse off financially or in terms of other benefits compared to the previous agreement or applicable award. Additionally, the court examined whether the agreement included all mandatory terms and conditions stipulated by the Fair Work Act.

In deliberating over the application, the Fair Work Commission considered the submissions from both Adapt-A-Lift Group and the relevant employee representatives. The Commission found that the proposed agreement was the product of genuine negotiations conducted in good faith. It was determined that the agreement covered all employees within the specified bargaining unit and adhered to the BOOT. Furthermore, the agreement was compliant with all statutory requirements, including the inclusion of mandatory terms. The Commission approved the agreement, acknowledging its balanced approach and the benefits it offered to both parties.

The final orders of the Fair Work Commission approved the Adapt-A-Lift Group Enterprise Agreement (New South Wales & ACT) 2023, effective from the date of the decision. This decision ensures that the new terms and conditions will apply to the relevant employees, providing a legally binding framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established