Platform Lift Company (Vic)

[2016] FWCA 2812

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Platform Lift Company (Vic)

(AG2016/1042)

PLATFORM LIFT COMPANY / ETU / AMWU / CONSTRUCTION &

SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 9 MAY 2016

Application for approval of the Platform Lift Company / ETU / AMWU / Construction &

Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Platform Lift Company / ETU / AMWU / Construction & Service Employees Enterprise

Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the

Fair Work Act 2009 (the Act). It has been made by Platform Lift Company (Vic). 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing

and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering,

Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’

Union (AMWU), being bargaining representatives for the Agreement, have given notice

under s.183 of the Act that they want the Agreement to cover them. In accordance with

s.201(2) I note that the Agreement covers the organisations.
[2016] FWCA 2812

[4] The Agreement was approved on 9 May 2016 and, in accordance with s.54, will

operate from 16 May 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Platform Lift Company (Vic) and several unions seeking approval for the Platform Lift Company / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018. The application for approval was made under section 185 of the Fair Work Act 2009. The agreement, which was intended to be a single enterprise agreement, was submitted by the Platform Lift Company and was to be covered by the unions.

The central legal issues for the Commission to decide were whether the application met all the statutory requirements for approval of an enterprise agreement. Specifically, the Commission needed to determine if the agreement complied with sections 186, 187, and 188 of the Fair Work Act and if the necessary notices under section 183 were correctly given by the unions. The Commission also had to confirm that the agreement would operate as intended, from 16 May 2016, and until its nominal expiry date of 31 August 2018.

After reviewing the application and the relevant sections of the Fair Work Act, the Commissioner found that all statutory requirements had been met. The unions had provided the necessary notices under section 183, and the agreement complied with sections 186, 187, and 188. As a result, the Commissioner approved the agreement on 9 May 2016, and it came into effect on 16 May 2016. The agreement will remain in force until 31 August 2018, unless otherwise terminated under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established