Hi Rise Access Pty Ltd

[2014] FWCA 5311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hi Rise Access Pty Ltd
(AG2014/1482)

HI RISE ACCESS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 AUGUST 2014

Application for approval of the Hi Rise Access Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hi Rise Access Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hi Rise Access Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A), Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 12 August 2014. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Hi Rise Access Pty Ltd and a union representing its employees. The union sought approval of a proposed enterprise agreement, which outlined terms and conditions of employment for the workers. The dispute centred on whether the proposed agreement complied with the necessary legal and procedural requirements for its approval. The Commission was tasked with determining if the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues primarily revolved around whether the agreement had been fairly negotiated and if it contained all the mandated terms and conditions. Key points of contention included the union's authority to negotiate on behalf of the employees, the fairness of the negotiation process, and whether the agreement contained the minimum entitlements as required by law. Additionally, the Commission had to ensure the agreement did not contravene any provisions of the Fair Work Act or any relevant industrial instruments.

After thorough examination, the Fair Work Commission found that the proposed enterprise agreement was fairly negotiated and contained all the required terms and conditions. The Commission was satisfied that the union had the authority to represent the employees and that the agreement met the statutory criteria for approval. Consequently, the Commission approved the Hi Rise Access Pty Ltd Enterprise Agreement 2014, deeming it to be compliant with all legal requirements. The approval ensures that the agreement will serve as the basis for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established