ProLift Industries Pty Ltd

[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

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

ProLift Industries Pty Ltd, a company engaged in lift-industry mechanical construction, installation, service, repairs, and maintenance, was involved in a dispute with the Australian Manufacturing Workers' Union (AMWU) concerning the approval of their Enterprise Agreement. The case was heard in the Fair Work Commission, which was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The AMWU sought approval of the agreement, while ProLift Industries argued against it, citing concerns about the agreement's compliance with the legislative framework.

The central legal issue before the Fair Work Commission was whether the Enterprise Agreement proposed by the AMWU and ProLift Industries was compliant with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement adhered to the statutory requirements for minimum terms and conditions of employment, including those concerning minimum wages, penalty rates, and other essential employment standards. Additionally, the Commission had to consider if the agreement was genuinely negotiated and if it provided for proper dispute resolution mechanisms.

The Fair Work Commission carefully reviewed the agreement, focusing on its compliance with the Fair Work Act 2009. The Commission found that the agreement contained provisions that met the statutory minimum terms and conditions, including adequate wage rates and penalty rates. The Commission also noted that the agreement included proper dispute resolution mechanisms, which were in line with legislative requirements. The Commission concluded that the agreement had been genuinely negotiated between the parties and was, therefore, valid and enforceable under the Act. Based on this analysis, the Commission approved the Enterprise Agreement, finding it to be compliant with the necessary statutory provisions.

In its decision, the Fair Work Commission approved the Enterprise Agreement between the Australian Manufacturing Workers' Union and ProLift Industries Pty Ltd, affirming its compliance with the Fair Work Act 2009. The Commission's approval signifies that the agreement is now a binding contract between the parties, governing the terms and conditions of employment within the specified industry. The final orders of the Commission required ProLift Industries to implement the approved agreement, ensuring that it adheres to the minimum standards set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established