DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3327)

NORDIC ELEVATORS PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 NOVEMBER 2020

Application for approval of the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CEPU and the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 17 November 2020 and, in accordance with s 54, will operate from 24 November 2020. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application for the approval of the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022. The dispute involved the terms and conditions of employment for workers in the elevator industry. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission addressed were whether the agreement was a genuine enterprise agreement, whether it complied with the requirements of the Fair Work Act, and if it provided for the fair and reasonable terms and conditions of employment. The Commission considered the bargaining process, the coverage of the agreement, and the content of the agreement to ascertain if it met the legislative standards.

After a thorough examination, the Commission concluded that the agreement was a genuine enterprise agreement that complied with the Fair Work Act. The bargaining process was found to be fair and reasonable, and the agreement covered a sufficient proportion of the relevant employees. The content of the agreement was deemed to provide for fair and reasonable terms and conditions of employment. Therefore, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the relevant workers in the elevator industry.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established