DECISION

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

Multilift Commercial and Residential Pty Ltd
(AG2020/1825)

MULTILIFT COMMERCIAL & RESIDENTIAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 14 JULY 2020

Application for approval of the Multilift Commercial & Residential Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Multilift Commercial & Residential Pty Ltd Single Enterprise Agreement 2019 (the Agreement).The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multilift Commercial and Residential 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. The undertakings is taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2020. The nominal expiry date of the Agreement is 20 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a Single Enterprise Agreement, specifically the Multilift Commercial & Residential Pty Ltd Single Enterprise Agreement 2019. The applicant, Multilift Commercial & Residential Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions for employees and whether it complied with the relevant provisions of the Fair Work Act.

The central legal issues revolved around the interpretation and application of various provisions of the Fair Work Act, particularly those relating to the process for the approval of enterprise agreements and the criteria that must be satisfied for an agreement to be deemed fair and reasonable. Key considerations included whether the agreement had been made in good faith, whether it provided for the proper protection of employees' rights, and whether it complied with the minimum terms and conditions set out in the relevant awards and regulations. Additionally, the court needed to assess whether the agreement had been appropriately negotiated and whether it met the requirement for majority support among the employees covered by the agreement.

The Fair Work Commission carefully reviewed the application and the agreement, considering the evidence and submissions presented by both parties. The Commission found that the agreement met the necessary criteria for approval. It concluded that the agreement was made in good faith, provided for the proper protection of employees' rights, and complied with the relevant minimum terms and conditions. Furthermore, the Commission determined that the agreement had been appropriately negotiated and had received majority support from the employees. Accordingly, the Commission approved the Multilift Commercial & Residential Pty Ltd Single Enterprise Agreement 2019, finding it to be fair and reasonable and in compliance with the Fair Work Act.

Multilift Commercial and Residential 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