DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd
(AG2021/85)

KONE SERVICE EMPLOYEES SOUTH AUSTRALIA ENTERPRISEAGREEMENT 2020

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

Application for approval of the KONE Service Employees South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the KONE Service 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 recently appeared before the Fair Work Commission, seeking approval for the KONE Service Employees South Australia Enterprise Agreement 2020. This case involved the application by the employer for the endorsement of an enterprise agreement that had been negotiated with the union representing the employees. The primary dispute was whether the agreement complied with the relevant statutory requirements and provisions of the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement met the conditions for being a protected action under the Fair Work Act and whether it satisfied the procedural requirements set out in the legislation. Specifically, the court had to consider whether the agreement had been fairly negotiated and if it contained all the mandatory terms required by the Fair Work Act. Additionally, the court needed to determine if the agreement provided for genuine employee representation and if it adhered to the principles of good faith bargaining.

In examining the application, the Fair Work Commission found that the agreement had been fairly negotiated in good faith and contained all the mandatory terms required by the Fair Work Act. The court also determined that the agreement provided for genuine employee representation and was in compliance with the statutory requirements. As a result, the court approved the KONE Service Employees South Australia Enterprise Agreement 2020, endorsing it as a legally binding instrument between the employer and the employees. The endorsement means that the terms and conditions outlined in the agreement will now govern the employment relationship between the parties.

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