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

[2014] FWCA 6607

[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

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APPENDIX A

APPENDIX B