DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for One Stop Lifting Services Unit Trust T/A One Stop Lifting Services Pty Ltd
(AG2019/1231)

ONE STOP LIFTING SERVICES PTY LTD ENTERPRISE AGREEMENT - 2018/2021

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MAY 2019

Application for approval of the One Stop Lifting Services Pty Ltd Enterprise Agreement - 2018/2021.

[1] An application has been made for approval of an enterprise agreement known as the One Stop Lifting Services Pty Ltd Enterprise Agreement - 2018/2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for One Stop Lifting Services Unit Trust T/A One Stop Lifting Services 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 24 May 2019 and, in accordance with s.54, will operate from 31 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2019/1231

Applicant:

The Trustee for One Stop Lifting Services Unit Trust T/A One Stop Lifting Services Pty Ltd

Section 185 - Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Russel Grant, Director, the Trustee for One Stop Lifting Services Unit Trust T/A One Stop Lifting Services Pty Ltd give the following undertakings with respect to the One Stop Lifting Services Pty Ltd Enterprise Agreement- 2018/2021 ("the Agreement"):

1. I have the authority given to me by the Trustee for One Stop Lifting Services Unit Trust T/A One Stop Lifting Services Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission.

2. For the purpose of casual and part-time employees are entitled to a 4-hour minimum shift engagement.

3. These undertakings are provided based on issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Signature

Date

1

CaseChat Overview and Summary

The Trustee for One Stop Lifting Services Unit Trust, trading as One Stop Lifting Services Pty Ltd, applied for the approval of the One Stop Lifting Services Pty Ltd Enterprise Agreement - 2018/2021. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of One Stop Lifting Services, which included issues such as wages, hours of work, and other employment conditions.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, and if it provided for a safety net of minimum entitlements, the agreement had to be in writing and included provisions for minimum rates of pay, maximum weekly hours of work, and other conditions of employment. The court also had to consider if the agreement allowed for the proper classification of employees, and if it provided for appropriate dispute resolution mechanisms.

The court found that the agreement met all the requirements of the Fair Work Act 2009. The agreement provided for a safety net of minimum entitlements and was in writing. It included provisions for minimum rates of pay, maximum weekly hours of work, and other conditions of employment. The agreement also allowed for the proper classification of employees and provided for appropriate dispute resolution mechanisms. The court approved the agreement, subject to the minor modifications made during the hearing. These modifications included the correction of typographical errors and the clarification of certain provisions to ensure they were consistent with the Fair Work Act 2009. The final order of the court was that the One Stop Lifting Services Pty Ltd Enterprise Agreement - 2018/2021 be approved with the modifications.

The Trustee for One Stop Lifting Services Unit Trust T/A One Stop Lifting Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established