Quicklift Pty Ltd ATF J & K Sutherland Family Trust T/A Quicklift Pty Ltd

[2022] FWCA 2004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quicklift Pty Ltd ATF J & K Sutherland Family Trust T/A Quicklift Pty Ltd

(AG2022/1660)

Quicklift Crane Hire Enterprise Agreement 2022

Building services
COMMISSIONER JOHNS	MELBOURNE, 17 JUNE 2022

Application for approval of the Quicklift Crane Hire Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Quicklift Crane Hire Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quicklift Pty Ltd ATF J & K Sutherland Family Trust T/A Quicklift Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2022. The nominal expiry date of the Agreement is 16 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Quicklift Pty Ltd applied for approval of the Quicklift Crane Hire Enterprise Agreement 2022. The applicant argued that the agreement was fair and appropriate under the relevant legislation, while objectors raised concerns about various provisions. The case was presided over by Commissioner Jones, who had to decide whether the agreement was fair and reasonable, and thus deserving of approval.

The primary legal issues the court had to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it met the statutory requirements for approval. This involved scrutinising the provisions of the agreement, particularly those objected to, and determining if they were consistent with the principles of fairness and reasonableness. The court also had to consider the implications of any objections raised and whether they warranted disapproval of the agreement.

After examining the evidence and arguments presented by both parties, Commissioner Jones determined that the agreement was fair and reasonable. The objections raised by the objectors did not undermine the overall fairness of the agreement. The court found that the agreement contained terms and conditions that were appropriate and balanced, taking into account the interests of both employees and employers. Therefore, the court approved the agreement, recognising it as a fair and reasonable basis for employment within the relevant industry.

The final orders included approval of the Quicklift Crane Hire Enterprise Agreement 2022, with the agreement to be registered and in effect from the date of the decision. This outcome ensured that the agreement would govern the terms and conditions of employment for the relevant employees, subject to any subsequent variations or amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established