DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/5605)

ELITE LIFT SERVICES PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEE ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the Elite Lift Services Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Elite Lift Services Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union 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 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Elite Lift Services Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018. The union argued that the agreement should be approved as it met all the necessary criteria under the Fair Work Act 2009. The employer, Elite Lift Services, did not oppose the application but sought clarification on certain provisions.

The court had to determine whether the agreement complied with the relevant sections of the Fair Work Act, including provisions on minimum wages and conditions, and whether it met the requirements for being a simplified agreement. The court examined the specific terms of the agreement to ensure they were fair and reasonable and did not undermine the rights of employees.

After a thorough review, the court found that the agreement satisfied all statutory requirements and was fair and reasonable. It concluded that the agreement did not contain any provisions that would undermine the rights of employees or be detrimental to their interests. The court approved the agreement, allowing it to be registered and enforced under the Fair Work Act.

The court ordered the registration of the Elite Lift Services Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018, effective from the date of the approval. The agreement was to be enforced as a binding enterprise agreement between the employer and the union, with all its terms and conditions coming into effect as per the specified dates.

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