ProLift Industries Pty Ltd

Case

[2024] FWCA 2235

17 JUNE 2024


[2024] FWCA 2235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ProLift Industries Pty Ltd

(AG2024/1816)

AMWU & PROLIFT INDUSTRIES PTY LTD LIFT-INDUSTRY MECHANICAL CONSTRUCTION INSTALLATIONS SERVICE/REPAIRS & MAINTENANCE ENTERPRISE AGREEMENT

Building, metal and civil construction industries

COMMISSIONER JOHNS

MELBOURNE, 17 JUNE 2024

Application for approval of the AMWU & PROLIFT INDUSTRIES PTY LTD Lift-Industry Mechanical Construction Installations Service/Repairs & Maintenance Enterprise Agreement

  1. An application has been made for approval of a greenfields agreement known as the AMWU & PROLIFT INDUSTRIES PTY LTD Lift-Industry Mechanical Construction Installations Service/Repairs & Maintenance Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by ProLift Industries Pty Ltd.

  1. 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. In particular, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

  1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

  1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 24 June 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525067  PR776078>

Annexure A

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