Victorian Elevators Pty Ltd T/A Forte Lift Services

[2023] FWCA 492

[2023] FWCA 492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Elevators Pty Ltd T/A Forte Lift Services

(AG2023/35)

Forte Lift Services Construction & Service Employees Union Collective Agreement 2022-2025 Queensland

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 16 FEBRUARY 2023

Application for approval of the Forte Lift Services Construction & Service Employees Union Collective Agreement 2022-2025 Queensland

1. An application has been made for approval of an enterprise agreement known as the Forte Lift Services Construction & Service Employees Union Collective Agreement 2022-2025 Queensland (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Elevators Pty Ltd T/A Forte Lift Services (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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