Elevator & Escalator Services Pty Ltd Summary

[2023] FWCA 916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elevator & Escalator Services Pty Ltd

(AG2023/695)

ELEVATOR & ESCALATOR SERVICES - VICTORIAN ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2023

Application for approval of the Elevator & Escalator Services - Victorian Enterprise Agreement 2021-2024

Elevator & Escalator Services Pty Ltd has made an application for approval of an enterprise agreement known as the Elevator & Escalator Services - Victorian Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with AMWU and that the Agreement covers this organisation.

The Agreement was approved on 28 March 2023 and, in accordance with s 54, will operate from 4 April 2023. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Elevator & Escalator Services - Victorian Enterprise Agreement 2021-2024. The applicant, Elevator & Escalator Services Pty Ltd, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the union representing the employees, the Shop, Distributive and Allied Employees' Association (SDA). The union sought to ensure that the agreement provided for fair and reasonable terms for its members.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act, which sets out the criteria for the approval of an enterprise agreement. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it had been negotiated in good faith. The Commission also needed to consider whether the agreement met the requirements of the Better Off Overall Test (BOOT), which requires that employees be no worse off financially under the new agreement than they would have been under the previous agreement.

The Commission found that the agreement met the requirements of section 230 of the Fair Work Act. It noted that the agreement provided for a number of benefits for employees, including increased wages, improved leave provisions, and better health and safety protections. The Commission also found that the agreement had been negotiated in good faith and that it met the requirements of the BOOT. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees.

The Commission approved the Elevator & Escalator Services - Victorian Enterprise Agreement 2021-2024 as a registered agreement under the Fair Work Act. The agreement will now apply to all employees of the applicant covered by the agreement. The parties have welcomed the decision and are now able to focus on implementing the agreement and improving the terms and conditions of employment for the employees.

Elevator & Escalator Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established