Adapt-A-Lift Rentals & Sales Pty Ltd T/A Adaptalift Hyster

[2014] FWCA 6607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adapt-A-Lift Rentals & Sales Pty Ltd T/A Adaptalift Hyster
(AG2014/8758)

ADAPT-A-LIFT HYSTER COLLECTIVE AGREEMENT (VICTORIA & TASMANIA) 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the Adapt-A-Lift Hyster Collective Agreement (Victoria & Tasmania) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adapt-A-Lift Hyster Collective Agreement (Victoria & Tasmania) 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Adapt-A-Lift Rentals & Sales Pty Ltd T/A Adaptalift Hyster. The agreement is a single-enterprise agreement.

[2] The Applicant has provided undertakings in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to the agreement.

[4] Subject to these undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] There is no consultation term in the Agreement. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 26 September 2014. The nominal expiry date of the Agreement is 25 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The applicant, Adapt-A-Lift Rentals & Sales Pty Ltd trading as Adaptalift Hyster, sought the Fair Work Commission's approval of a collective agreement covering employees in Victoria and Tasmania. The agreement was made under the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the requirements of the Act and if it could be approved as a registered agreement.

The key legal issues for the Commission were whether the agreement satisfied the provisions of the Fair Work Act and related regulations, particularly in terms of its coverage, the representation of employees, and whether it met the standards for good faith bargaining and employee protection. The applicant argued that the agreement was comprehensive and represented the interests of the employees fairly. The Commission needed to assess the agreement's provisions to ensure it provided appropriate protections and benefits to the employees, and that the process of agreement formation was conducted in good faith.

In assessing the agreement, the Commission considered various factors including the nature of the industry, the terms of the agreement, and whether it met the statutory criteria. The Commission found that the agreement met the necessary requirements and could be approved as a registered agreement. The agreement was deemed to cover the relevant employees appropriately, and the process of agreement formation was found to be in good faith. The terms of the agreement were also considered to provide fair and reasonable protections and benefits to the employees.

The Commission approved the Adapt-A-Lift Hyster Collective Agreement (Victoria & Tasmania) 2014 as a registered agreement, effective from the date of the decision. The approval was based on the finding that the agreement met the legislative criteria and appropriately represented the interests of the employees. The agreement was to be registered under the Fair Work Act, providing a legal framework for the employment conditions of the covered employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established