DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd
(AG2016/6512)

KONE SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the KONE Service Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KONE Service Employees Enterprise Agreement 2016 (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 T/As KONE. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KONE Elevators Pty Ltd applied to the Fair Work Commission (FWC) for approval of the KONE Service Employees Enterprise Agreement 2016. The application was brought under section 233 of the Fair Work Act 2009. The respondents to the application were the Australian Manufacturing Workers' Union and the Australian Services Union. The dispute centered on whether the agreement was in the public interest and met the requirements of the Act.

The legal issues before the Commission were whether the agreement was genuinely a bargain between the employer and the employees, whether it provided for a proper balance between the parties' interests, and whether it complied with the good faith bargaining provisions of the Act. The Commission considered whether the agreement was consistent with the national minimum standards and whether it promoted productivity, economic prosperity, and social inclusion.

In deciding the application, the Commission found that the agreement was genuinely a bargain between the parties and provided a proper balance between their interests. The Commission also found that the agreement complied with the good faith bargaining provisions of the Act and was consistent with the national minimum standards. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The Commission concluded that the agreement promoted productivity, economic prosperity, and social inclusion and was in the public interest.

The Commission approved the agreement under section 233 of the Act. The approved agreement is to be registered by the Registrar of the Fair Work Commission and will apply to the employees covered by the agreement from 1 April 2016. The approval is subject to the parties giving the Commission 30 days' written notice of any proposed variation to the agreement.

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