| [2015] FWCA 8143 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/6732)
MOTION ELEVATORS AUSTRALIA PTY LTD / ETU/AMWU / CONSTRUCTION AND SERVICE EMPLOYEES 2015 – 2018 ENTERPRISE AGREEMENT
Building, metal and civil construction industries | |
COMMISSIONER ROE | MELBOURNE, 26 NOVEMBER 2015 |
Application for approval of the Motion Elevators Australia Pty Ltd / ETU/AMWU / Construction & Service Employee 2015-2018 Enterprise Agreement.
[1] An application has been made for approval of an enterprise agreement known as the Motion Elevators Australia Pty Ltd / ETU/AMWU / Construction & Service Employee 2015 – 2018 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[4] The Agreement was approved on 26 November 2015 and, in accordance with s.54, will operate from 3 December 2015. The nominal expiry date of the Agreement is 30 April 2018.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2015] FWCA 8143
- Case
- [2015] FWCA 8143
- Decision Date
CaseChat Overview and Summary
The court examined the enterprise agreement in detail, considering various aspects of the agreement, including its coverage, provisions on wages and conditions, and compliance with the relevant legislative framework. The court also assessed whether the agreement provided adequate protection for employees' rights and entitlements, taking into account the specific circumstances of the parties involved. Ultimately, the court found that the enterprise agreement met the requirements for approval under the Fair Work Act 2009. The court was satisfied that the agreement provided appropriate protections for employees' rights and entitlements and was in line with the overall objectives of the legislation.
Consequently, the Fair Work Commission approved the Motion Elevators Australia Pty Ltd / ETU/AMWU / Construction & Service Employee 2015-2018 Enterprise Agreement, allowing it to come into effect as a legally binding instrument governing the employment relationship between the parties. The court's decision provided clarity and certainty for the parties involved, ensuring that the enterprise agreement would be implemented in a manner that was fair, reasonable, and in accordance with the relevant legal framework.
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Ratio Decidendi
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