DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Vertical Transportation Specialists Pty Ltd T/A VTS Lifts & Escalators
(AG2021/5490)

VTS LIFT & ESCALATORS PTY LTD ETU AMWU CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 JUNE 2021

Application for approval of the VTS Lift & Escalators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the VTS Lift & Escalators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made by Vertical Transportation Specialists Pty Ltd T/A VTS Lifts & Escalators pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and that the Agreement covers these organisation(s).

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 July 2021. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vertical Transportation Specialists Pty Ltd, trading as VTS Lifts & Escalators, applied for approval of a proposed enterprise agreement with the Electrical Trades Union, Australian Manufacturing Workers’ Union, and Construction and Services Employees Enterprise. The application was brought before the Fair Work Commission (FWC). The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement and complied with the procedural and substantive requirements set out in the Act.

The FWC was required to determine if the proposed agreement was a genuine enterprise agreement, if it had been fairly negotiated, and if it complied with the relevant provisions of the Fair Work Act. The FWC also had to consider if the agreement was in the interests of the employees and employers involved and if it met the procedural requirements for registration.

The FWC found that the proposed agreement was a genuine enterprise agreement and had been fairly negotiated. The FWC noted that the agreement had been negotiated in good faith, with both parties making reasonable efforts to reach an agreement. The FWC also found that the agreement met the procedural requirements for registration, including the provision of a copy of the agreement to the FWC and the relevant unions. The FWC considered the interests of the employees and employers and found that the agreement was in their best interests. The FWC was satisfied that the agreement met all the requirements of the Fair Work Act and approved the proposed agreement.

The FWC approved the proposed agreement, and it became a legally binding enterprise agreement between Vertical Transportation Specialists Pty Ltd, trading as VTS Lifts & Escalators, the Electrical Trades Union, Australian Manufacturing Workers’ Union, and Construction and Services Employees Enterprise. The agreement was registered with the FWC and was to remain in effect until the end of the specified period, 2022.

Vertical Transportation Specialists Pty Ltd T/A VTS Lifts & Escalators

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established