DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adapt-A-Lift Group Pty Ltd
(AG2018/1768)

ADAPT-A-LIFT HYSTER COLLECTIVE AGREEMENT (QUEENSLAND) 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Adapt-A-Lift Hyster Collective Agreement (Queensland) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adapt-A-Lift Hyster Collective Agreement (Queensland) 2018 (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 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 16 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adapt-A-Lift Group Pty Ltd was the applicant seeking approval of the Adapt-A-Lift Hyster Collective Agreement (Queensland) 2018, which had been entered into between the applicant and the respondent, Hyster Australia Pty Ltd, on 14 August 2018. The Fair Work Commission was the court that heard the application. The applicant sought the Commission's approval of the agreement, which was necessary to prevent it lapsing due to the end of the formal bargaining period. The respondent opposed the application, raising several objections concerning the agreement's content and the process by which it was negotiated.

The Commission had to decide whether the agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that a certified agreement must be in writing and include specified particulars. Additionally, the Commission had to consider the respondent's objections, including whether the agreement was made in good faith and whether there was sufficient evidence of a genuine attempt to negotiate. The applicant argued that the agreement was valid and should be approved as it was the product of genuine negotiations and contained all the necessary particulars.

The Commission found that the agreement was made in good faith and contained all the necessary particulars. The Commission concluded that the evidence demonstrated a genuine attempt to negotiate and that the agreement was a fair reflection of the terms agreed upon by both parties. The Commission rejected the respondent's objections and approved the Adapt-A-Lift Hyster Collective Agreement (Queensland) 2018. The applicant's application for approval of the agreement was successful, and the agreement was approved as of 14 August 2018. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be given effect in accordance with its terms.

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