DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kone Elevators Pty Ltd
(AG2015/2421)

KONE ELEVATORS PTY LTD - VICTORIA CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 21 APRIL 2015

Application for approval of the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2015 (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] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[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 was approved on 21 April 2015 and, in accordance with s.54, will operate from 28 April 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kone Elevators Pty Ltd applied for approval of the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2015. The respondents to the application were the Australian Manufacturing Workers' Union and the National Electrical and Communications Union. The application was heard by the Fair Work Commission, and the decision was handed down by Deputy President A F G Parker. The dispute centred on the validity of the enterprise agreement and whether it complied with the relevant legislative framework, specifically the Fair Work Act 2009. The applicants argued that the agreement was appropriate and fair, while the respondents contended that it did not adequately cover several aspects, including wages, conditions, and dispute resolution mechanisms.

The primary legal issue before the court was whether the enterprise agreement met the requirements set forth in the Fair Work Act 2009. The court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. Furthermore, the court needed to assess whether the agreement provided for an appropriate dispute resolution process. The court examined the evidence and submissions presented by both parties to determine the validity of the enterprise agreement. It was also necessary to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for the agreement to be made in good faith and to provide for fair and reasonable terms and conditions of employment.

Upon examining the evidence and submissions, Deputy President Parker found that the enterprise agreement was valid and complied with the requirements of the Fair Work Act 2009. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and was made in good faith. Additionally, the agreement included an appropriate dispute resolution process, which was considered adequate by the court. Therefore, the application for approval of the enterprise agreement was successful, and the court granted the approval sought by Kone Elevators Pty Ltd. The decision was made based on the evidence and submissions presented by both parties, and the court was satisfied that the agreement met the necessary legislative requirements.

As a result of the decision, the Fair Work Commission approved the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2015. The agreement was deemed to be in compliance with the Fair Work Act 2009 and met the necessary requirements for approval. The respondents' objections to the agreement were dismissed, and the applicants' application for approval was granted. This decision sets a precedent for future enterprise agreements and ensures that the relevant legislation is adhered to in the development and approval of such agreements.

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