DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd
(AG2021/79)

KONE NEB & TRB EMPLOYEES SOUTH AUSTRALIAENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 5 FEBRUARY 2021

Application for approval of the KONE NEB & TRB Employees South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the KONE NEB & TRB Employees South Australia Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KONE Elevators Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KONE Elevators Pty Ltd applied to the Fair Work Commission for approval of the KONE NEB & TRB Employees South Australia Enterprise Agreement 2020. The dispute centred on whether the enterprise agreement met the necessary criteria for registration under the Fair Work Act 2009. The respondents, including various unions and employee representatives, argued that the agreement did not appropriately protect employee rights and entitlements.

The legal issues before the Commission were primarily whether the agreement provided adequate protections and benefits for the employees, and whether it complied with the formal requirements of the Fair Work Act. This included examining whether the agreement was made in good faith, whether it contained appropriate dispute resolution mechanisms, and whether it adhered to the procedural fairness requirements.

The Commission found that the agreement was made in good faith and provided adequate protections for the employees. It concluded that the agreement was fair and reasonable, and met the statutory requirements for registration. The agreement included provisions for minimum wages, allowances, and conditions of employment, as well as mechanisms for dispute resolution. The Commission was satisfied that the process leading to the agreement was fair and that the agreement itself was equitable.

The Fair Work Commission approved the KONE NEB & TRB Employees South Australia Enterprise Agreement 2020, determining that it met the necessary criteria for registration. This approval ensures that the agreement will govern the employment terms and conditions of the relevant employees in South Australia.

KONE Elevators 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