DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hi Rise Access Pty Ltd
(AG2020/3242)

HI RISE ACCESS PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2020

Application for approval of the Hi Rise Access Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hi Rise Access Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hi Rise Access Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Applicant did not comply with section 180(3) of the Act. However, in the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a. this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

2. the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 16 November 2020 and, in accordance with s.54, will operate from 23 November 2020. The nominal expiry date of the Agreement is 30 October 2023.

COMMISSIONER

Annexure A:

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Hi Rise Access Pty Ltd for approval of the Hi Rise Access Enterprise Agreement 2020. The dispute centred around the provisions of the proposed agreement, which was intended to govern the terms and conditions of employment for workers in the lift maintenance and repair industry. The application was brought before the Commission under the Fair Work Act 2009, which requires that enterprise agreements be approved if they meet certain criteria, including the provision of direct and clear benefits to employees.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, particularly regarding the provision of direct and clear benefits to employees. The Commission also had to consider whether the agreement complied with the "better off overall test", which requires that employees be no worse off financially under the new agreement than they would be under the applicable award or existing agreement. Additionally, the Commission examined whether the agreement contained any provisions that were contrary to public policy or inconsistent with the general principles of the industrial relations system.

In making its decision, the Commission carefully reviewed the proposed agreement and the evidence provided by the parties. The Commission determined that the agreement met the requirements of the Fair Work Act, including the provision of direct and clear benefits to employees. The Commission found that the agreement complied with the better off overall test and that it did not contain any provisions that were contrary to public policy or inconsistent with the general principles of the industrial relations system. The Commission approved the Hi Rise Access Enterprise Agreement 2020, which will now govern the terms and conditions of employment for workers in the lift maintenance and repair industry.

Hi Rise Access Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established