DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2991)

UNITED LIFT SERVICES PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES 2015 - 2018 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 22 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the United Lift Services PTY LTD / ETU / AMWU / Construction & Service Employees 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.
[5] The Agreement was approved on 22 June 2015 and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, United Lift Services Pty Ltd, the Electrical Trades Union, the Australian Manufacturing Workers' Union, and the Construction and Service Employees Union. The dispute was regarding the approval of an enterprise agreement between the listed employers and unions for the period 2015 to 2018. The matter was heard in the Fair Work Commission of Australia. The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements. The court had to determine if the agreement met all the requirements under the Act, including whether it was made in good faith, provided for a fair and efficient workplace, and satisfied the relevant criteria for approval.

The Fair Work Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. It also concluded that the agreement met the criteria for approval under the Fair Work Act. The court examined the agreement's provisions, including those related to wages, working conditions, and dispute resolution mechanisms. The Commission was satisfied that the agreement was fair and reasonable, taking into account the needs and interests of both the employers and employees. Furthermore, the court determined that the agreement did not contain any unlawful or unfair provisions and complied with the relevant provisions of the Act. The court also considered the evidence and submissions provided by the parties and found that the agreement was a genuine and bona fide attempt to resolve workplace issues.

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