DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adapt-A-Lift Group Pty Ltd
(AG2019/268)

ADAPT-A-LIFT GROUP COLLECTIVE AGREEMENT (NEW SOUTH WALES & ACT) 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2019

Application for approval of the Adapt-A-Lift Group Collective Agreement (New South Wales & ACT) 2019

[1] Adapt-A-Lift Group Pty Ltd has made an application for approval of an enterprise agreement known as the Adapt-A-Lift Group Collective Agreement (New South Wales & ACT) 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 May 2019 and, in accordance with s 54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 22 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) recently considered an application by Adapt-A-Lift Group Pty Ltd for approval of the Adapt-A-Lift Group Collective Agreement (New South Wales & ACT) 2019. The agreement was submitted under section 233 of the Fair Work Act 2009, seeking to be approved as an enterprise agreement, effective from 1 January 2020. The parties involved were Adapt-A-Lift Group Pty Ltd, as the employer, and the Electrical Trades Union of Australia (ETUA), representing the employees.

The primary legal issues before the Commission were whether the agreement was a lawful and valid enterprise agreement and whether it complied with the statutory requirements set forth in the Fair Work Act. The Commission needed to determine whether the agreement had been made in accordance with the Act, whether it contained all the mandatory terms and conditions as required, and whether the agreement had been made fairly and in good faith. Additionally, the Commission examined the processes followed to ensure the agreement was appropriately negotiated and approved.

In its decision, the FWC found that the agreement was made in accordance with the Fair Work Act and contained all the mandatory terms. The Commission was satisfied that the agreement was made fairly and in good faith, taking into account the economic circumstances and the negotiation process. The FWC also noted that the agreement was supported by a majority of the employees, with a sufficient number of employees covered by the agreement having voted in favour of it. Therefore, the FWC approved the Adapt-A-Lift Group Collective Agreement (New South Wales & ACT) 2019 as a registered enterprise agreement.

Adapt-A-Lift Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established