[2019] FWCA 1854

The attached document replaces the document previously issued with the above code on 20 March 2019.

This document corrects a typographical error in the Agreement title

Associate to Deputy President Beaumont

Dated 21 March 2019

[2019] FWCA 1854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adapt-A-Lift Group Pty Ltd
(AG2018/5010)

ADAPT-A-LIFT GROUP COLLECTIVE AGREEMENT (WESTERN AUSTRALIA) 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MARCH 2019

Application for approval of the Adapt-A-Lift Group Collective Agreement (Western Australia) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adapt-A-Lift Group Collective Agreement (Western Australia) 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Adapt-A-Lift Group Pty Ltd. 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 20 March 2019 and, in accordance with s 54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 19 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adapt-A-Lift Group Pty Ltd, an applicant, sought approval of a collective agreement from the Fair Work Commission. The collective agreement in question, the Adapt-A-Lift Group Collective Agreement (Western Australia) 2018, aimed to regulate the terms and conditions of employment for workers in the Adapt-A-Lift Group. The nature of the dispute involved the procedural and substantive fairness of the agreement, including its negotiation process and the rights and obligations it established for the parties involved. The matter was brought before the Fair Work Commission, which was tasked with ensuring the agreement met the necessary legal standards for approval.

The legal issues the court had to decide included whether the agreement had been genuinely negotiated, whether it complied with relevant legislative provisions, and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the court needed to assess the negotiation process to ensure it was conducted in good faith and without coercion. Additionally, the court examined the substantive provisions of the agreement to determine if they were fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission found that the Adapt-A-Lift Group Collective Agreement (Western Australia) 2018 had been genuinely negotiated and met the necessary legal standards. The Commission concluded that the negotiation process was conducted in good faith and without coercion, and the substantive provisions of the agreement provided for fair and reasonable terms and conditions of employment. The court considered the evidence provided by both parties and the overall context of the agreement. The Commission was satisfied that the agreement was in the best interests of the workers and did not disadvantage them.

The final orders of the Fair Work Commission approved the Adapt-A-Lift Group Collective Agreement (Western Australia) 2018, recognising it as a valid and enforceable agreement between the Adapt-A-Lift Group and the relevant employees. The approval of the agreement meant that it would govern the terms and conditions of employment for the workers covered by the agreement, providing a framework for the relationship between the employer and employees. The decision confirmed the agreement's legality and legitimacy, ensuring that it would be upheld in any future disputes or enforcement actions.

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