Hamilton Elevators

[2016] FWCA 2678

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hamilton Elevators

(AG2016/699)

HAMILTON ELEVATORS / ETU / AMWU / CONSTRUCTION &

SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 29 APRIL 2016

Application for approval of the Hamilton Elevators / ETU / AMWU Construction & Service

Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Hamilton Elevators / 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 Hamilton Elevators. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) and Communications,

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

Australia, 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.
[2016] FWCA 2678

[4] The Agreement was approved on 29 April 2016 and, in accordance with s.54, will

operate from 6 May 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Hamilton Elevators, the Fair Work Commission received an application for approval of the Hamilton Elevators / ETU / AMWU Construction & Service Employees Enterprise Agreement 2015-2018. The application was lodged by Hamilton Elevators, and the agreement in question is a single enterprise agreement. The agreement was intended to cover the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEU). The agreement was approved on 29 April 2016 and will come into effect on 6 May 2016. The agreement's nominal expiry date is 31 August 2018.

The primary legal issue before the Commission was whether the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. The Commission needed to determine if the agreement was fair and reasonable, had been negotiated in good faith, and was consistent with the principles of the Fair Work Act. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer. The Commission examined the agreement's provisions, the bargaining process, and the parties' submissions to determine if the agreement met the required standards.

The Commission found that the agreement met all the requirements of sections 186, 187, and 188 of the Fair Work Act. The Commission was satisfied that the agreement was fair and reasonable, had been negotiated in good faith, and was consistent with the principles of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees and the employer. The Commission noted that the agreement covered the relevant organisations and that the parties had given notice under section 183 of the Fair Work Act that they wanted the agreement to cover them. The Commission approved the agreement on 29 April 2016, and it will come into effect on 6 May 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established