Knauf Plasterboard Pty Ltd Summary

[2014] FWCA 8323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd T/A KONE
(AG2014/9314)

KONE ELEVATORS CANBERRA & SOUTH WEST REGION ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	SYDNEY, 21 NOVEMBER 2014

Application for approval of the KONE Elevators Canberra & South West Region Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KONE Elevators Canberra & South West Region Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by KONE Elevators Pty Ltd T/A KONE. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from KONE Elevators Pty Ltd T/A KONE. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Knauf Plasterboard Pty Ltd applied for approval of the KONE Elevators Canberra & South West Region Enterprise Agreement 2014 before the Fair Work Commission. Knauf Plasterboard is a party to the agreement, which outlines the terms and conditions of employment for employees working in the Canberra and South West region of KONE Elevators. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement had been made in accordance with the procedural requirements and whether it contained the necessary substantive provisions to be deemed a valid and effective enterprise agreement. The Commission had to consider whether the agreement had been negotiated fairly, the extent to which it provided for the proper operation of businesses, and whether it contained the mandated minimum terms and conditions.

The Fair Work Commission determined that the enterprise agreement met the procedural and substantive requirements for approval. The Commission found that the agreement was the product of genuine negotiations between the parties and that it provided for the proper operation of businesses by addressing key employment issues such as wages, hours of work, and other terms and conditions of employment. Furthermore, the agreement contained the minimum terms and conditions prescribed by the Fair Work Act. Given these findings, the Commission approved the enterprise agreement under section 176 of the Fair Work Act.

The Fair Work Commission's decision was to approve the KONE Elevators Canberra & South West Region Enterprise Agreement 2014, recognising its compliance with the statutory requirements. This decision ensured that the agreement would be legally binding and enforceable between Knauf Plasterboard and the relevant employees. The approval of the agreement was an essential step in formalising the terms and conditions of employment for the employees covered by the agreement, providing them with the security and predictability of their working conditions.

Knauf Plasterboard Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established