DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kone Elevators Pty Ltd
(AG2017/3237)

KONE ELEVATORS NEWCASTLE NORTH COAST REGION ENTERPRISE AGREEMENT 2017

Industries not otherwise assigned
COMMISSIONER WILSON	MELBOURNE, 30 OCTOBER 2017

Application for approval of the Kone Elevators Newcastle North Coast Region Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kone Elevators Newcastle North Coast Region 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, 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, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2017. The nominal expiry date of the Agreement is 29 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Kone Elevators Pty Ltd and the Fair Work Commission. The matter was an application for the approval of the Kone Elevators Newcastle North Coast Region Enterprise Agreement 2017. The Commission was asked to determine whether the agreement met the necessary requirements under the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement in question was compliant with the provisions of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement contained all the mandated terms and conditions and if it was negotiated fairly and in good faith. The court also needed to consider if the agreement met the criteria for being a "better off overall test" (BOOT) as required by the Act.

The Fair Work Commission found that the agreement contained all the required terms and conditions as outlined in the Act. The Commission also determined that the agreement was negotiated in good faith and met the BOOT criteria. The Commission noted that the agreement provided for fair compensation and conditions for employees, including provisions for wages, hours of work, leave entitlements and other employment conditions. The court found that the agreement was compliant with all relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Kone Elevators Newcastle North Coast Region Enterprise Agreement 2017. The Commission found that the agreement was fair and met all the necessary requirements under the Act. The court ordered that the agreement be registered and become a legally binding enterprise agreement between Kone Elevators Pty Ltd and its employees in the Newcastle North Coast Region.

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