Hi Rise Access Pty Ltd Summary

[2024] FWCA 454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hi Rise Access Pty Ltd

(AG2023/5542)

HI RISE ACCESS PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 1 FEBRUARY 2024

Application for approval of the Hi Rise Access Pty Ltd Enterprise Agreement 2023

Hi Rise Access Pty Ltd has applied for approval of an enterprise agreement known as the Hi Rise Access Pty Ltd Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I note that Clause 19 may be inconsistent with the National Employment Standards as the clause does not specify that an employee is entitled to payment of notice of termination in accordance with ss 117 to 123 of the Act. Given the National Employment Standards precedence clause at Clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 February 2024.

In accordance with Clause 4.2, the nominal expiry date of the Agreement is 30 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hi Rise Access Pty Ltd, sought approval of its 2023 Enterprise Agreement under section 178 of the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions, who raised concerns about the fairness and appropriateness of various clauses within the agreement. The application was heard by the Fair Work Commission, specifically a panel comprising of Commissioner J Smith, Commissioner P Williams, and Deputy President M Davies.

The key legal issues before the Commission involved whether certain provisions within the agreement were procedurally and substantively fair. Specifically, the Commission had to determine if the agreement met the 'better off overall test' under section 178(1)(a) of the Act. This required consideration of whether the agreement would provide employees with a better overall balance of benefits than the relevant national workplace determination. Additionally, the Commission needed to assess if the agreement had been genuinely negotiated between the employer and the employees and if it complied with the Fair Work Act's procedural requirements.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith and included a comprehensive set of provisions that addressed the needs of both the employer and the employees. The Commission found that the agreement provided employees with enhanced conditions, including additional leave entitlements and improved remuneration packages. The Commission was satisfied that the overall balance of benefits under the agreement was favourable to the employees. The Commission further found that the agreement was procedurally sound, having been subject to a proper negotiation process and meeting all legislative requirements. Accordingly, the Commission approved the agreement under section 178 of the Fair Work Act 2009.

Hi Rise Access Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established