Adapt-A-Lift Group Pty Ltd T/A Adapt-A-Lift Group Pty Ltd

[2022] FWCA 4614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adapt-A-Lift Group Pty Ltd T/A Adapt-A-Lift Group Pty Ltd

(AG2022/5088)

Adapt-A-Lift Group Enterprise Agreement (Queensland) 2022

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 30 DECEMBER 2022

Application for approval of the Adapt-A-Lift Group Enterprise Agreement (Queensland) 2022

Adapt-A-Lift Group Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Adapt-A-Lift Group Enterprise Agreement (Queensland) 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided by the bargaining representatives. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The flexibility term at clause 2.3 of the Agreement did not contain terms as required by s.203(3) of the Act. The model flexibility set out in the Fair Work Regulations 2009 (Regulations) is therefore taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2023. The nominal expiry date of the Agreement is 30 December 2026.

COMMISSIONER

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Annexure A.

CaseChat Overview and Summary

Adapt-A-Lift Group Pty Ltd, trading as Adapt-A-Lift Group Pty Ltd, applied to the Fair Work Commission for the approval of the Adapt-A-Lift Group Enterprise Agreement (Queensland) 2022. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement that governs the employment terms and conditions of the company's employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement contained all the prescribed terms, whether it was made in good faith, and if it passed the "better off overall test". The Commission had to assess the procedural fairness of the agreement's making, ensuring it was not only legally sound but also fair and reasonable for the employees it covered. Additionally, the Commission considered if the agreement complied with the mandatory provisions of the Fair Work Act.

The Commission found that the agreement contained all the prescribed terms and was made in good faith. It concluded that the agreement passed the "better off overall test" as it provided employees with benefits that were at least as good as those they would have received under the applicable awards. The Commission also confirmed that the agreement was procedurally fair, having been negotiated between the employer and the employee representatives. As a result, the Commission approved the Adapt-A-Lift Group Enterprise Agreement (Queensland) 2022, recognising it as a valid and enforceable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established