Lifts Melbourne (Vic) Pty Ltd T/A All Lifts Summary

[2021] FWCA 7004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifts Melbourne (Vic) Pty Ltd T/A All Lifts
(AG2021/8553)

LIFTS MELBOURNE (VIC) PTY LTD ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 DECEMBER 2021

Application for approval of the Lifts Melbourne (VIC) Pty Ltd Enterprise Agreement 2021 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the Lifts Melbourne (VIC) Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lifts Melbourne (Vic) Pty Ltd T/A All Lifts. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 6 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application for the approval of the Lifts Melbourne (VIC) Pty Ltd Enterprise Agreement 2021–2025. This application was brought forth by the employer, Lifts Melbourne (VIC) Pty Ltd, seeking to formalise the terms and conditions of employment for its workers over the specified period. The dispute centred on the procedural fairness and the validity of the agreement under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement adhered to the legal requirements and was fairly negotiated.

The central legal issues that the Commission needed to address included whether the agreement was genuinely bargained for between the parties, if the necessary procedural steps were followed correctly, and whether the agreement complied with the relevant provisions of the Fair Work Act. The employer argued that the agreement was the result of genuine negotiations and met all statutory requirements. Conversely, the employees' representatives contended that there were procedural shortcomings and questioned the fairness of certain terms included in the agreement.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the content of the agreement. It found that while there were some procedural irregularities, these did not undermine the overall validity of the agreement. The Commission emphasised the importance of procedural fairness in the negotiation process but determined that the agreement was substantially in line with the requirements of the Act. The Commission concluded that the agreement should be approved, subject to minor modifications to address specific concerns raised by the employees' representatives.

The final orders of the Commission included the approval of the enterprise agreement with specific amendments to certain clauses to address the concerns raised. The modifications ensured that the agreement would be more equitable for the employees, while still reflecting the intentions of the parties involved. The decision underscored the necessity of adhering to procedural fairness and the statutory requirements set out in the Fair Work Act.

Lifts Melbourne (Vic) Pty Ltd T/A All Lifts

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established