Victorian Elevators Pty Ltd T/A Forte Lift Services Summary

[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

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.

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

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Forte Lift Services Construction & Service Employees Union to have the proposed 2022-2025 Collective Agreement approved by the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, and whether it adhered to the principles of contemporary industrial relations practices. The Fair Work Commission was the tribunal tasked with determining the application.

The primary legal issues before the Commission were whether the proposed agreement contained lawful and fair terms, whether it complied with the statutory requirements under the Fair Work Act, and if the agreement was consistent with the principles of good faith bargaining. The Commission needed to consider whether the agreement appropriately balanced the interests of both employers and employees, particularly in terms of wages, working conditions, and dispute resolution mechanisms.

In its decision, the Commission examined the proposed agreement clause by clause. The Commission found that while the agreement contained several terms that were contentious, the majority of the provisions were consistent with good faith bargaining and aligned with the principles of contemporary industrial relations practices. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and mechanisms for dispute resolution. Ultimately, the Commission approved the agreement subject to certain minor amendments to address specific concerns raised during the hearing.

The Fair Work Commission ordered the approval of the proposed 2022-2025 Collective Agreement, with the condition that certain clauses be amended to ensure compliance with the Fair Work Act and to reflect the principles of good faith bargaining. The Commission emphasised the importance of maintaining a balanced approach in industrial relations and highlighted the need for both parties to adhere to the statutory requirements and best practices.

Victorian Elevators Pty Ltd T/A Forte Lift Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established