DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kleemann Elevators Australia Pty Ltd
(AG2021/5302)

KEA VIC ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 JUNE 2021

Application for approval of the KEA VIC Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the KEA VIC Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kleemann Elevators Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2021. The nominal expiry date of the Agreement is 10 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Kleemann Elevators Australia Pty Ltd (KEA) for the approval of the KEA VIC Enterprise Agreement 2021. The applicant sought to have the agreement, which it had negotiated with its employees, formally approved and registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it was in the best interests of the employees and whether it complied with relevant provisions of the Fair Work Act.

The primary legal issues the court had to determine were whether the agreement was a genuine enterprise agreement, whether it had been made in accordance with the procedural requirements of the Fair Work Act, and whether it provided adequate protections for employees. Specifically, the court needed to assess whether the agreement contained all the required terms and conditions of employment, whether the agreement had been made fairly and in good faith, and whether the agreement was in the best interests of the employees. Additionally, the court considered whether the agreement complied with the Fair Work Act's provisions on minimum entitlements and whether it adhered to the principles of procedural fairness.

In reaching its decision, the court carefully reviewed the provisions of the Fair Work Act and examined the evidence provided by both parties. The court found that the agreement contained all the necessary terms and conditions of employment and was made in accordance with the procedural requirements of the Act. The court also concluded that the agreement was in the best interests of the employees, as it provided adequate protections and met the minimum entitlements required by law. The court found that the agreement had been made fairly and in good faith and complied with the principles of procedural fairness. Therefore, the court approved the KEA VIC Enterprise Agreement 2021.

The court's final order was the approval and registration of the KEA VIC Enterprise Agreement 2021 under section 187 of the Fair Work Act. This decision meant that the agreement would become a legally binding enterprise agreement, governing the terms and conditions of employment for the employees of Kleemann Elevators Australia Pty Ltd in Victoria.

Kleemann Elevators Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established