DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adaptalift GSE Pty Pty T/A Adaptalift GSE
(AG2016/2326)

ADAPTALIFT GSE COLLECTIVE AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2016

Application for approval of the Adaptalift GSE Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Adaptalift GSE Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adaptalift GSE Pty Pty T/A Adaptalift GSE. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 30 March 2016. The nominal expiry date of the Agreement is 22 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Adaptalift GSE Pty Ltd trading as Adaptalift GSE, applied for an approval of the Adaptalift GSE Collective Agreement 2016. The dispute involved the terms and conditions of employment for employees of Adaptalift GSE. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the procedural and substantive requirements for approval as set out in the Fair Work Act. This included assessing whether the agreement had been made in accordance with the processes outlined in the Act, and whether it contained terms and conditions that met the standards of procedural and substantive fairness. The Commission also needed to consider the impact of the agreement on the employees and the broader industrial relations landscape.

The Commission examined the process by which the agreement was made and found that it had been negotiated in good faith and followed the necessary procedural steps. The substantive terms of the agreement were also reviewed to ensure they were fair and reasonable. The Commission concluded that the agreement met the requirements for approval as it provided for fair and reasonable terms and conditions of employment. The agreement was approved, taking into account the need to balance the interests of both the employer and the employees.

The Commission's decision was that the Adaptalift GSE Collective Agreement 2016 was approved in its entirety, effective from the date of the decision. The approval recognised the agreement as a valid and binding document under the Fair Work Act, providing a framework for the employment relationship between Adaptalift GSE and its employees. This decision provided clarity and certainty for both parties, ensuring compliance with the industrial relations legislation.

Adaptalift GSE Pty Pty T/A Adaptalift GSE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established