Hi-Rise Access Pty Ltd

[2025] FWCA 98

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hi-Rise Access Pty Ltd

(AG2024/4040)

AMWU & HI RISE ACCESS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 28 JANUARY 2025

Application for approval of the AMWU & HI RISE ACCESS PTY LTD Metal & Engineering On-Site Construction Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the AMWU & HI RISE ACCESS PTY LTD Metal & Engineering On-Site Construction Agreement 2024 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hi-Rise Access Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

Given the small number of employees asked to vote on this Agreement, I did raise some preliminary concerns with the Employer as to whether these employees have sufficient interest in the terms of the Agreement, and whether these employees were sufficiently representative of the employees the Agreement is expressed to cover. In considering the submissions of the Employer and the Australian Manufacturing Workers’ Union, I am satisfied that s.188(2)(a) and (b) have been met.

Further, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7). The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act. I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 4 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers’ Union (AMWU) and Hi-Rise Access Pty Ltd sought approval of their Metal and Engineering On-Site Construction Agreement 2024-2027. The application was brought pursuant to section 235 of the Fair Work Act 2009. The AMWU represented the employees of Hi-Rise Access Pty Ltd who were engaged in the metal and engineering on-site construction industry. The dispute centred on the terms and conditions of employment for these workers, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under section 235 of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions of employment, if it complied with the Better Off Overall Test (BOOT), and if it met the requirements of the Fair Work Act in terms of procedural fairness and industrial fairness. The Commission also needed to consider if the agreement provided for adequate dispute resolution mechanisms.

After reviewing the application, the Fair Work Commission approved the Metal and Engineering On-Site Construction Agreement 2024-2027. The Commission found that the agreement provided for minimum terms and conditions of employment that met the requirements of the Fair Work Act. It also found that the agreement passed the Better Off Overall Test, meaning that the employees would be better off overall under the agreement than under the applicable award or safety net award. The Commission further found that the agreement met the requirements of procedural and industrial fairness, and that it provided for adequate dispute resolution mechanisms. The Commission considered that the agreement was in the interests of the employees and the employer, and therefore granted the application for approval.

The Fair Work Commission approved the Metal and Engineering On-Site Construction Agreement 2024-2027 and registered it as a registered agreement under section 176 of the Fair Work Act. The agreement will now apply to the employees of Hi-Rise Access Pty Ltd engaged in the metal and engineering on-site construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established