DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adapt-A-Lift Group Pty Ltd
(AG2018/5351)

ADAPTALIFT GROUP COLLECTIVE AGREEMENT (VICTORIA & TASMANIA) 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2019

Application for approval of the Adaptalift Group Collective Agreement (Victoria & Tasmania) 2018

[1] Adapt-A-Lift Group Pty Ltd has made an application for approval of an enterprise agreement known as the Adaptalift Group Collective Agreement (Victoria & Tasmania) 2018 (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 Agreement was approved on 28 March 2019 and, in accordance with s 54, will operate from 4 April 2019. The nominal expiry date of the Agreement is 28 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Adapt-A-Lift Group Pty Ltd, an applicant seeking approval of a proposed collective agreement concerning employees in Victoria and Tasmania. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while no other party contested its approval. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, and if it was fair and reasonable in all its terms.

The Commission considered the principles of good faith bargaining, the need for the agreement to cover all necessary terms, and the overall fairness of the agreement. The court examined whether the agreement met the legal standards for approval, including the provision of adequate protections and benefits for employees. It also assessed whether the agreement was negotiated in good faith and whether it was fair and reasonable. The Commission found that the agreement was comprehensive and provided for a fair and reasonable balance of rights and obligations between the parties. It concluded that the agreement complied with the statutory requirements and was fair and reasonable in all its terms.

Consequently, the Fair Work Commission approved the Adaptalift Group Collective Agreement (Victoria & Tasmania) 2018. The decision was made on the basis that the agreement was negotiated in good faith, met the legal criteria for approval, and provided fair and reasonable terms for the employees covered by the agreement. The approval was effective from the date of the decision, ensuring that the collective agreement would be binding on the parties involved.

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