DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2170)

UNITED LIFT SERVICES PTY. LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 AUGUST 2020

Application for variation of the United Lift Services Pty. Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of a variation to the United Lift Services Pty. Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 20 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and United Lift Services Pty. Ltd (the Employer). The dispute was centred on the application for variation of the United Lift Services Pty. Ltd ETU/AMWU/Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The Union opposed the application on the basis that it was not fairly and genuinely made, and that it did not properly address the employer's financial position. The matter was heard by the Fair Work Commission.

The key legal issues before the Commission were whether the application was genuinely made and whether it was in the best interests of the employees. The Union argued that the application was not genuinely made, and that it did not take into account the employer's financial position. The Employer, on the other hand, argued that the application was genuinely made and that it was in the best interests of the employees.

The Commission found that the application was genuinely made, as the employer had provided evidence of its financial position and had engaged in good faith negotiations with the Union. The Commission also found that the variation was in the best interests of the employees, as it would provide for a more efficient and productive workplace. The Commission therefore granted the application for variation of the Agreement.

The Fair Work Commission ordered that the United Lift Services Pty. Ltd ETU/AMWU/Construction & Service Employees Enterprise Agreement 2019-2022 be varied as per the terms and conditions set out in the application. The variation was to be effective from the date of the Commission's decision, and both parties were required to take all necessary steps to give effect to the variation. The Union's opposition to the application was dismissed.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established