Hi-Rise Access Pty Ltd

[2025] FWCA 98

[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.

1. 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.

1. 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.

1. 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.

1. 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

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<AE527563  PR783173>