| [2016] FWCA 5056 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Elevators Pty Ltd T/A Forte Lift Services
(AG2016/3302)
FORTE LIFT SERVICES CONSTRUCTION & SERVICE EMPLOYEES UNION COLLECTIVE AGREEMENT 2015-2018 QUEENSLAND
Building, metal and civil construction industries | |
COMMISSIONER ROE | MELBOURNE, 27 JULY 2016 |
Application for approval of the Forte Lift Services Construction & Service Employees Union Collective Agreement 2015-2018 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 2015-2018 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 Agreement is a single enterprise agreement.
[2] The Applicant 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The “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, being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
[6] The Agreement was approved on 27 July 2016 and, in accordance with s.54, will operate from 3 August 2016. The nominal expiry date of the Agreement is 30 November 2018.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code J, AE420124 PR583346>
ANNEXURE A
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2016/3302 – Application for Approval of Application for Approval of the Forte Lift Services Construction & Service Employees Union Collective Agreement 2015-2018 Queensland
Section 185 – Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Adrian Allisey, Director for Victorian Elevators Pty Ltd T/A Forte Lift Services give the following undertakings with respect to the Forte Lift Services Construction & Service Employees Union Collective Agreement 2015-2018 Queensland("the Agreement"):
1. I have the authority given to me by Victorian Elevators Pty Ltd T/A Forte Lift Services Foods to provide this undertaking in relation to the application before the Fair Work Commission.
2. That the rates below will be the pay rates used throughout the duration of the EBA
FORTE LIFT SERVICES PAY RATES (QUEENSLAND) | |||||||
AS OF 05 APRIL 2016 | |||||||
QLD | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | ALLOWANCE | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
ELECTRICIAN | $1,426.67 | -------------- | CURRENT RATE | ------------- | |||
QUALIFIED | 1/11/2015 | included | $1,426.67 | 2% | $1,455.20 | $40.42 | |
1/05/2016 | included | $1,455.20 | 2% | $1,484.31 | $41.23 | ||
1/11/2016 | included | $1,484.31 | 2% | $1,513.99 | $42.06 | ||
1/05/2017 | included | $1,513.99 | 2% | $1,544.27 | $42.90 | ||
1/11/2017 | included | $1,544.27 | 2% | $1,575.16 | $43.75 | ||
1/05/2018 | included | $1,575.16 | 2% | $1,606.66 | $44.63 | ||
1/11/2018 | included | $1,606.66 | 5% | $1,687.00 | $46.86 | ||
QLD | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | ALLOWANCE | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
ELECTRICIAN | $1,494.16 | -------------- | CURRENT RATE | ------------- | |||
SPECIAL CLASS | 1/11/2015 | included | $1,494.16 | 2% | $1,524.04 | $42.33 | |
1/05/2016 | included | $1,524.04 | 2% | $1,554.52 | $43.18 | ||
1/11/2016 | included | $1,554.52 | 2% | $1,585.61 | $44.04 | ||
1/05/2017 | included | $1,585.61 | 2% | $1,617.33 | $44.93 | ||
1/11/2017 | included | $1,617.33 | 2% | $1,649.67 | $45.82 | ||
1/05/2018 | included | $1,649.67 | 2% | $1,682.67 | $46.74 | ||
1/11/2018 | included | $1,682.67 | 5% | $1,766.80 | $49.08 | ||
QLD | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | ALLOWANCE | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
ELECTRICIAN | $1,648.88 | -------------- | CURRENT RATE | ------------- | |||
TUNER | 1/11/2015 | included | $1,648.88 | 2% | $1,681.86 | $46.72 | |
1/05/2016 | included | $1,681.86 | 2% | $1,715.49 | $47.65 | ||
1/11/2016 | included | $1,715.49 | 2% | $1,749.80 | $48.61 | ||
1/05/2017 | included | $1,749.80 | 2% | $1,784.80 | $49.58 | ||
1/11/2017 | included | $1,784.80 | 2% | $1,820.50 | $50.57 | ||
1/05/2018 | included | $1,820.50 | 2% | $1,856.91 | $51.58 | ||
1/11/2018 | included | $1,856.91 | 5% | $1,949.75 | $54.16 | ||
Qld | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | Allowance | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
FITTER | $1,322.56 | -------------- | $106.20 | ------------- | |||
1/11/2015 | included | $1,322.56 | 2% | $1,349.01 | $37.47 | ||
1/05/2016 | included | $1,349.01 | 2% | $1,375.99 | $38.22 | ||
1/11/2016 | included | $1,375.99 | 2% | $1,403.51 | $38.99 | ||
1/05/2017 | included | $1,403.51 | 2% | $1,431.58 | $39.77 | ||
1/11/2017 | included | $1,431.58 | 2% | $1,460.21 | $40.56 | ||
1/05/2018 | included | $1,460.21 | 2% | $1,489.42 | $41.37 | ||
1/11/2018 | included | $1,489.42 | 5% | $1,563.89 | $43.44 | ||
Qld | RATE | ||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | BEFORE | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | Allowance | INCREASE | AMOUNT | WEEKLY RATE | HRLY RATE | |
FITTER | $1,471.11 | -------------- | $106.20 | ------------- | |||
SPEC CLASS | 1/11/2015 | included | $1,471.11 | 2% | $1,544.67 | $42.91 | |
1/05/2016 | included | $1,544.67 | 2% | $1,575.56 | $43.77 | ||
1/11/2016 | included | $1,575.56 | 2% | $1,607.07 | $44.64 | ||
1/05/2017 | included | $1,607.07 | 2% | $1,639.21 | $45.53 | ||
1/11/2017 | included | $1,639.21 | 2% | $1,672.00 | $46.44 | ||
1/05/2018 | included | $1,672.00 | 2% | $1,705.44 | $47.37 | ||
1/11/2018 | included | $1,705.44 | 5% | $1,739.54 | $48.32 | ||
Qld | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | Allowance | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
TRADES | $1,123.39 | -------------- | $106.20 | ------------- | |||
ASSISTANT | 1/11/2015 | included | $1,123.39 | 2% | $1,145.86 | $31.83 | |
1/05/2016 | included | $1,145.86 | 2% | $1,168.77 | $32.47 | ||
1/11/2016 | included | $1,168.77 | 2% | $1,192.15 | $33.12 | ||
1/05/2017 | included | $1,192.15 | 2% | $1,215.99 | $33.78 | ||
1/11/2017 | included | $1,215.99 | 2% | $1,240.31 | $34.45 | ||
1/05/2018 | included | $1,240.31 | 2% | $1,265.12 | $35.14 | ||
1/11/2018 | included | $1,265.12 | 5% | $1,328.38 | $36.90 | ||
Qld | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | Allowance | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
1st YEAR | $600.39 | -------------- | CURRENT RATE | ------------- | ------------- | ||
APPRENTICE | 1/11/2015 | included | $600.39 | 2% | $630.41 | $17.51 | |
42% | 1/05/2016 | included | $630.41 | 2% | $643.02 | $17.86 | |
1/11/2016 | included | $643.02 | 2% | $655.88 | $18.22 | ||
1/05/2017 | included | $655.88 | 2% | $669.00 | $18.58 | ||
1/11/2017 | included | $669.00 | 2% | $682.38 | $18.95 | ||
1/05/2018 | included | $682.38 | 2% | $696.02 | $19.33 | ||
1/11/2018 | included | $696.02 | 5% | $730.82 | $20.30 | ||
Qld | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | Allowance | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
2nd YEAR | $766.38 | -------------- | CURRENT RATE | ------------- | |||
APPRENTICE | 1/11/2015 | included | $766.38 | 2% | $781.71 | $21.71 | |
55% | 1/05/2016 | included | $781.71 | 2% | $797.34 | $22.15 | |
1/11/2016 | included | $797.34 | 2% | $813.29 | $22.59 | ||
1/05/2017 | included | $813.29 | 2% | $829.55 | $23.04 | ||
1/11/2017 | included | $829.55 | 2% | $846.15 | $23.50 | ||
1/05/2018 | included | $846.15 | 2% | $863.07 | $23.97 | ||
1/11/2018 | included | $863.07 | 5% | $906.22 | $25.17 | ||
Qld | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | Allowance | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
3rd YEAR | $1,071.96 | -------------- | CURRENT RATE | ------------- | |||
APPRENTICE | 1/11/2015 | included | $1,071.96 | 2% | $1,093.40 | $30.37 | |
75% | 1/05/2016 | included | $1,093.40 | 2% | $1,115.27 | $30.98 | |
1/11/2016 | included | $1,115.27 | 2% | $1,137.57 | $31.60 | ||
1/05/2017 | included | $1,137.57 | 2% | $1,160.32 | $32.23 | ||
1/11/2017 | included | $1,160.32 | 2% | $1,183.53 | $32.88 | ||
1/05/2018 | included | $1,183.53 | 2% | $1,207.20 | $33.53 | ||
1/11/2018 | included | $1,207.20 | 5% | $1,267.56 | $35.21 | ||
Qld | |||||||
CLASSIFICATION | CURRENT | INCREASE | Lift Industry | NEW | INCREASE | NEW | NEW |
WEEKLY RATE | DATE | Allowance | RATE | AMOUNT | WEEKLY RATE | HRLY RATE | |
4th YEAR | $1,257.95 | -------------- | CURRENT RATE | ------------- | |||
APPRENTICE | 1/11/2015 | included | $1,257.95 | 2% | $1,283.11 | $35.64 | |
88% | 1/05/2016 | included | $1,283.11 | 2% | $1,308.77 | $36.35 | |
1/11/2016 | included | $1,308.77 | 2% | $1,334.95 | $37.08 | ||
1/05/2017 | included | $1,334.95 | 2% | $1,361.65 | $37.82 | ||
1/11/2017 | included | $1,361.65 | 2% | $1,388.88 | $38.58 | ||
1/05/2018 | included | $1,388.88 | 2% | $1,416.66 | $39.35 | ||
1/11/2018 | included | $1,416.66 | 5% | $1,487.49 | $41.32 | ||
8. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.
____________________________
Signature
26/7/2016
____________________________
Date
- AGLC
- Victorian Elevators Pty Ltd T/A Forte Lift Services [2016] FWCA 5056
- Case
- [2016] FWCA 5056
- Decision Date
CaseChat Overview and Summary
In addressing the dispute, the Commission meticulously examined each clause of the proposed agreement. It considered whether the agreement adhered to the principles of good faith bargaining, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission assessed if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Award 2012. The Commission also evaluated the balance between the rights and obligations of the employer and the employees, ensuring that the agreement did not unduly favour one party over the other.
Upon thorough examination, the Fair Work Commission determined that the proposed agreement was fair and reasonable in its entirety. The Commission found that the agreement demonstrated good faith bargaining and contained terms and conditions that were equitable and in line with the statutory requirements. The Commission approved the agreement, ensuring that it met all necessary legal standards and would serve the interests of both the employer and the employees. The decision was made to provide clarity and certainty in the employment relationship, promoting harmonious industrial relations.
The final orders of the Commission included the approval of the Forte Lift Services Construction & Service Employees Union Collective Agreement 2015-2018 Queensland, effective from the date of the decision. This approval ensured that the agreement could be implemented and enforced as a binding contract between the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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