DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd
(AG2017/4651)

KONE INSTALLATION EMPLOYEES SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MARCH 2018

Application for approval of the KONE Installation Employees South Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the KONE Installation Employees South Australia Enterprise Agreement 2017 (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 Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 (CEPU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 March 2018 and, in accordance with s.54, will operate from 21 March 2018. The nominal expiry date of the Agreement is 1 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, KONE Elevators Pty Ltd, sought approval of the KONE Installation Employees South Australia Enterprise Agreement 2017. The agreement was entered into between KONE Elevators and a trade union, which represented the employees involved. The primary nature of the dispute centred on whether the terms and conditions outlined in the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory provisions of the Fair Work Act, including provisions on procedural fairness and good faith bargaining. The applicant argued that the agreement was the product of genuine and meaningful negotiations, while the union asserted that the terms were fair and reasonable given the specific industry context.

The Commission examined the evidence presented, including testimonies from both parties and the negotiation process. It found that the agreement contained terms that were fair and reasonable, and that the negotiation process was conducted in good faith. The Commission held that the agreement complied with the statutory requirements and approved it, noting that the terms were suitable for the industry and provided for a balanced set of rights and obligations for both parties. The decision was made in the context of ensuring that the agreement did not undermine the fundamental rights of employees while also promoting fair and efficient workplace relations.

The final orders included the approval of the KONE Installation Employees South Australia Enterprise Agreement 2017, subject to the terms and conditions set out in the agreement. This decision provided a binding framework for the terms and conditions of employment for the employees covered by the agreement, ensuring that it would operate effectively within the regulatory environment provided by the Fair Work Act.

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